Sandhya Bhattacharyya vs Sg
2023 Latest Caselaw 6942 Cal

                                                FMA 1848 of 2015
Item-20.
           10-10-2023
                                      Sandhya Bhattacharyya
                                                  Versus
  sg
             Ct. 8                  The State of West Bengal & Ors.


                        1.

The parties are not represented nor any accommodation is

prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and

from 19th September, 2023 with a clear indication that the

said matter shall be transferred to the Regular Bench on 6 th

October, 2023. The appeal is again listed today in the main

cause list. All the parties have sufficient notice about the

listing of the matter before the Regular Bench on and from

6th October, 2023.

3. The appeal was filed on 10-02.2015. The record shows that

no attempt has been made to move this appeal after it was

filed. No step has been taken to serve notice and prepare

paper books. It clearly shows that the appellants are not

interested to proceed with the appeal and have virtually

abandoned the appeal.

4. However, we have considered the materials on record and the

impugned order. In view of the fact that the option could not

be exercised by those who were eligible to do so in terms of

judgment and order of the Special Bench dated 10 th July,

2013 and having regard to the fact that the writ petitioner

was not eligible in terms of the judgment of the Special

Bench, there is no scope to entertain the order of the learned

Single Judge.

5. On such consideration we do not find any reason to interfere

with the order passed by the learned Single Judge.

6. The appeal fails. The appeal is, accordingly, dismissed.

  (Uday Kumar, J.)                           (Soumen Sen, J.)