In an urgent Writ Petition challenging proceedings under Section 10(3) of the West Bengal Highways Act, 1964, the court found the petition infructuous as the underlying proceeding and appeal had already been disposed of, and thus dismissed the petition.
Petition disposed of; no order as to costs.
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December 22, 2022 ARDR (23)
WPA 4604 of 2022
Abdul Gofur Mallick & ors. Vs.
The State of West Bengal & Ors.
Adv. Sanjib Bandyopadhyay, Adv. Sk. Sahjahan Ali,
…for the petitioners.
…for the private respondents.
Affidavit of service filed by the petitioners is taken on record.
The petitioners have prayed for a direction upon the concerned authorities to set aside the proceeding under Section 10(3) of the West Bengal Highways Act, 1964 pending before them.
It is submitted on behalf of both the parties that the proceeding under Section 10(3) of the Act of 1964 has already been disposed of.
Learned counsel for the private respondents submits that an appeal preferred under Section 10(4) of the Act of 1964 has also been disposed of by an order passed on 7th December, 2022.
In view of the fact that the proceeding under Section 10(3) of the Act of 1964 has been disposed of, the writ petition has become infructuous and is accordingly disposed of.
There shall however, be no order as to costs.
2
Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.
(Suvra Ghosh, J.)
2 provisions across 1 enactments
Abdul Gofur Mallick & ors.
The State of West Bengal & Ors.
Suvra Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
