Disposed¶21

Asim Biswas v. State of West Bengal and Ors.

Calcutta HC2 Apr 2025WPA/5987/2025

Case brief

AI extract

What is this about?

Asim Biswas v. State of West Bengal & Ors., WPA 5987 of 2025, decided 02.04.2025 by Partha Sarathi Sen, J. Lease renewal refused by respondent no. 6 (order dt. 11.06.2024 in Misc. Case No. 9 of 2024); writ disposed of on the ground that the impugned order is appealable; statutory appeal directed within three weeks; appellate authority to dispose within three months with hearing and reasoned order; no merits decided; no statute or precedent cited.

What did the court decide?

Writ petition disposed of with liberty to file a statutory appeal on the same cause of action within three weeks before the jurisdictional appellate authority, which is to dispose of the appeal within three months of registration after hearing all parties and passing a reasoned order; petitioner free to urge all points; urgent certified copy on compliance with formalities.

Asim Biswas Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 11.06.2024 of respondent no. 6 in Misc. Case No. 9 of 2024, finding that the lease executed in favour of the writ petitioner was not renewable, should stand. +1 more

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Court's answer

This Court has not gone into the merits of the claim of the petitioner, who remains at liberty to urge all points before the jurisdictional appellate authority.

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Ratio / Principle

As the impugned order is appealable, liberty is given to the writ petitioner to file a statutory appeal on the self-same cause of action.

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Key takeaways

The statutory appeal is to be filed before the jurisdictional appellate authority positively within three weeks.ratio¶17
If such appeal is filed, the jurisdictional appellate authority shall decide the same and dispose it of within a period of three months from the date of registration of the appeal.ratio¶18
The disposal of the appeal is to follow grant of opportunity of hearing to all the parties concerned in the appeal and passing of a reasoned order in accordance with law.ratio

Detailed headnote1 paragraphs

WPA 5987 of 2025 (decided 02.04.2025): Writ petition by Sri Asim Biswas challenging the order dated 11.06.2024 of respondent no. 6 in Misc. Case No. 9 of 2024, whereby the lease executed in favour of the petitioner was held not renewable. The challenged order being appealable, the petition was disposed of without examining merits, with liberty to file a statutory appeal on the self-same cause of action within three weeks; the appellate authority is directed to decide the appeal within three months of registration, after hearing all parties and passing a reasoned order in accordance with law; allegations deemed not admitted.

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S/L 8 02.04.2025 Court. No. 236 Suvayan

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WPA 5987 of 2025

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Sri Asim Biswas Vs.

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The State of West Bengal & Ors.

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Mr. Sanjib Bandhopadhyay Mr. Manaj Kr. Mondal

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…for the petitioner.

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Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal

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…for the State.

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Mr. Sanjay Saha Mr. Raju Mondal

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…for the respondent nos. 2 & 3.

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The affidavit-of-service as filed today is taken on record.

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The writ petitioner, the respondent/State and its functionaries viz.; respondent nos. 1, 4 to 7 and the respondent nos. 2 and 3 are represented by their respective learned Advocates.

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Challenge in the instant writ petition is the order dated 11.06.2024 as passed in Misc. Case No. 9 of 2024 by the respondent no. 6 whereby and whereunder the said respondent no. 6 came to a finding that the lease as has been executed in favour of the writ petitioner was not renewable.

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In course of hearing it is made known to this court that the order under challenge in the instant writ petition is an appealable order.

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In view of such, liberty is given to the writ petitioner to file statutory appeal on the self-same cause of

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action before the jurisdictional appellate authority positively within three weeks from today.

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In the even such an appeal is filed the jurisdictional appellate authority shall decide the same and dispose it of within a period three months from the date of registration of the appeal, after granting opportunity of hearing to all the parties concerned in the appeal and by passing a reasoned order in accordance with law.

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It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge all points before the jurisdictional appellate authority.

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Since affidavits are not called for the allegations made in the writ petition are deemed not to have been admitted by the respondents.

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With the aforementioned observation, the instant writ petition being WPA 5987 of 2025 is disposed of.

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Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

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(Partha Sarathi Sen, J.)

Asim Biswas v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Asim Biswas v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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