Sri Sohan Lal Manpuria & Anr vs State Of West Bengal & Ors
2023 Latest Caselaw 1801 Cal

17.03.2023
Item No. 7
Ct. No. 7
PG

                           W.P.A. 1214 of 2012
                                 With
                       I.A. No. CAN 2 of 2023
                  Sri Sohan Lal Manpuria & Anr.
                                 Vs.
                    State of West Bengal & Ors.

             Mr. Debayan Bera
             Mr. Sakti Prasad Chakrabarti.....for the petitioners

             Mr. Amal Kr. Sen, Ld. AGP-
             Ms. Ashima Das (Sil).......for the State

             Mr. Ayan Banerjee
             Ms. Debasree Dhamali
             Ms. Riya Ghosh............for the respondent nos. 6,7 & 8

Mr. Niladri Bhattacharjee Ms. Angana Dutta.......for the respondent nos.2 & 3.

Heard the learned counsels appearing for the

parties at length. The learned advocate representing the

respondent nos. 2 and 3 prays for extension of time to

file affidavit in opposition to the amended writ petition.

On the prayer of the learned advocate representing

the respondent nos. 2 and 3, time to file affidavit in

opposition to the amended writ petition is extended and

the same shall be filed on or before March 24, 2023;

reply thereto, if any, be filed within March 31, 2023.

Mr. Sen, learned counsel representing the State

and Mr. Banerjee, learned advocate representing the

respondent nos. 6 to 8 also prays for extension of time to

file affidavit in opposition to the amended writ petition.

Let such affidavit in opposition be filed by the State and

the respondent nos. 6 to 8 within the time limit

mentioned hereinbefore.

It appears from the record that the order dated

April 4, 2017 passed in this writ petition was set aside

by the Hon'ble Division Bench by its judgment dated

January 11, 2018 in M.A.T. 1639 of 2017. Mr. Bera,

learned senior counsel representing the petitioners

submits that a third party preferred the said appeal

being M.A.T. 1639 of 2017 against the earlier order

dated April 4, 2017 passed in this writ petition. However,

Alimul Islam Khan i.e. the appellant in M.A.T. 1639 of

2017, who has been impleaded as the 28 th respondent in

this writ petition after the order was passed by the

Hon'ble Division Bench in M.A.T. 1639 of 2017 is not

being represented in Court today.

Upon going through the records, it appears that

Mr. Srijib Chakraborty, learned advocate, Ms. Sudeshna

Basu Thakur, learned advocate and Mr. Souvik Das,

learned advocate represented Alimul Islam Khan in

M.A.T. 1639 of 2017 before the Hon'ble Division Bench.

Learned advocate on record for the petitioners is directed

to serve notice upon the learned advocates, who

represented Alimul Islam Khan in M.A.T. 1639 of 2017

on or before March 20, 2023 and file an affidavit of

service on the next date.

It will also be open to the 28 th respondent in this

writ petition to file his affidavit in opposition to the

amended writ petition within the time limit indicated

hereinbefore.

The time limit fixed for filing the affidavit in

opposition is peremptory and if the same is filed within

the time limit indicated hereinbefore, the petitioners will

be at liberty to file their reply within the time limit

indicated hereinbefore.

List this matter in the monthly list of April, 2023.

(Hiranmay Bhattacharyya, J.)