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2019 DIGILAW 185 (CAL)

Sukla Ghosh v. State of West Bengal

2019-02-06

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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JUDGMENT : Biswanath Somadder, J. 1. Leave granted to remove the defects as pointed out by the Additional Stamp Reporter in his endorsement dated 30th January, 2019. 2. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 3. The instant appeal arises out of a judgment and order dated 20th December, 2018, passed by a learned Single Judge in WP 11173 (W) of 2015 with CAN 9074 of 2018 (Pralay Chowdhury vs. The State of West Bengal & Ors.). By the impugned judgment and order, the learned Single Judge was pleased to dispose of the connected application as well as the main writ petition in the following manner:- "Mr. Bhattacharya, learned Advocate appearing for the Licensing Company, submits that pursuant to the Hon'ble Court's order, supply was provided in favour of the petitioner. Mr. Bhattacharya further contends that the Licensing Company never disconnected the supply of the petitioner's tenanted portion. That being the scenario, question of directing the Licensing Company to restore the supply does not arise since it is admitted that the Licensing Company did not disconnect the petitioner's supply. In this backdrop, no order need be passed in the application. Accordingly, this application is disposed of. But this order will not preclude the petitioner to re-connect the supply at his own if he is so advised. Accordingly, the application being C.A.N. 9074 of 2018 as well as the main writ petition are disposed of. However, there will be no order as to costs." 4. The instant appeal has been preferred by the private respondent no.6 in the writ proceeding. 5. At the time of hearing, it transpires that there is a civil suit pending between the parties. 6. As such, we are of the view that any observation made by the learned Single Judge in the impugned judgment and order dated 20th December, 2018, shall not cause any prejudice to either of the parties in respect of the pending civil proceeding. 7. With the above observation, the appeal and the application for stay stand disposed of. 8. Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J. - I agree.