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2019 DIGILAW 33 (CAL)

Manmoy Saha v. State of West Bengal

2019-01-10

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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JUDGMENT : BISWANATH SOMADDER, J. Affidavits filed in Court today on behalf of the parties be taken on record. 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 6th September, 2017, passed by a learned Single Judge in W. P. 12218 (W) of 2017 (Manmoy Saha vs. The State of West Bengal & Anr.). 4. By the impugned judgment and order, the learned Single Judge proceeded to dismiss the writ petition having found no merit therein. 5. The appellant before us is the writ petitioner. 6. A bare perusal of the impugned judgment and order reveals that the learned Single Judge has supplied cogent and justifiable reasons for not entertaining the writ petition. In order to avoid prolixity, we refrain from reiterating the same. 7. In an Intra-Court Mandamus Appeal, no interference is usually warranted unless palpable infirmities or perversity are noticed on a plain reading of the impugned judgment and order. We do not notice any such palpable infirmity or perversity on a plain reading of the impugned judgment and order. As observed earlier, the impugned judgment and order is supported with cogent and justifiable reasons. 8. The appeal and the application for stay are, therefore, liable to be dismissed and are accordingly dismissed. I agree. - (Arindam Mukherjee, J.)