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2019 DIGILAW 148 (CAL)

Md. Akmal Hossain v. State of West Bengal

2019-01-30

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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JUDGMENT : Biswanath Somadder, J. 1. Let the affidavit-of-service filed in Court today be taken on record. 2. The appeal is treated as on day's list and taken up for consideration along with the connected application. 3. This appeal arises out of an order dated 24th October, 2017, passed by a learned Single Judge in W. P. 25638 (W) of 2017 (Md. Akmal Hossain vs. The State of West Bengal & Ors.). 4. The appeal has been preferred by the writ petitioner. 5. A bare perusal of the impugned order reveals that the writ petition is yet to be disposed of and the matter has been directed to be heard finally upon exchange of affidavits. Prayer for interim order has been refused for reasons stated in the order impugned. 6. We do not find any justifiable or cogent reason to interfere with the impugned order dated 24th October, 2017, in an Intra-Court Mandamus Appeal, since we do not notice any palpable infirmity or perversity on a plain reading thereof. 7. In such circumstances, the appeal and the connected application are liable to be dismissed and stand accordingly dismissed. 8. In the event no affidavits are filed before the First Court, it will be open to the Court to expedite hearing of the writ petition subject, of course, to the business and convenience of the Court permitting it to do so. (Arindam Mukherjee, J.) - I agree.