Sudheshwar Kumar Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Sudheshwar Kumar Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent no.2 to hear out Appeal No.51 of 2023 after satisfying himself regarding completion of service upon the appellant and respondents and to conclude it within 45 working days of communication of the server copy of the order; liberty given to the petitioner's advocate on record to communicate the server copy forthwith; respondent no.2 directed to act on the server copy; urgent Photostat certified copy to be given to the parties upon compliance of necessary formalities.

Issue for consideration

Whether the writ petitioner is entitled to a direction commanding respondent no.2 to take appropriate steps for early disposal of Appeal No.51 of 2023, which has been pending for a considerable length of time.

Court's answer

This Court directs respondent no.2 to hear out appeal case no.51 of 2023 after being satisfied regarding completion of service upon the appellant and the respondents.

Ratio / Principle

Respondent no.2 shall come to a logical conclusion of the appeal positively within a period of 45 working days from the date of communication of the server copy of this order.

Key takeaways

The time limit fixed by this Court is mandatory and peremptory.ratio¶20

Detailed headnote1 paragraphs

Writ petition (W.P.A. 6666 of 2025, Sudheshwar Kumar v. The State of West Bengal & Ors.) praying for a direction to respondent no.2 to expedite disposal of pending Appeal No.51 of 2023 (Sudheshwar Kumar v. The Additional District Magistrate, Paschim Bardhaman and Others). Disposing of the petition, the Court directed respondent no.2 to hear out the appeal after being satisfied regarding completion of service upon the appellant and the respondents and to arrive at a logical conclusion positively within 45 working days from communication of the server copy of the order; the time limit was declared mandatory and peremptory. Liberty was given to communicate the server copy, and respondent no.2 was directed to act on it. (Partha Sarathi Sen, J.; order dated 02.05.2025.)

Item No.46 02.05.2025 Court. No. 19 GB

W.P.A. 6666 of 2025

Sudheshwar Kumar

Vs.

The State of West Bengal & Ors.

Mr. Mir Anowar

… for the Petitioner.

Mr. Soumitra Bandyapadhyay, Mr. Subhasish Bandyapadhyay

… for the State.

Mr. Sanjay Saha, Mr. Raju Mondal

… for the Respondent No.6.

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

By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent no.2 commanding him to take appropriate steps for early disposal of Appeal No.51 of 2023 (Sudheshwar Kumar versus The Additional District Magistrate, Paschim Bardhaman and Others).

In support of his contention learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no.44 of the instant writ petition, which is a notice of the said appeal. It is submitted on behalf of the writ petitioner that since the appeal is pending for a considerable length of time, the relief prayed for may be granted to the writ petitioner in terms of the prayers made in the instant writ petition.

2

Learned advocate appearing on behalf of the respondent/State submits that an appropriate order may be passed.

In view of such, while disposing the instant writ petition this Court directs the respondent no.2 to hear out the appeal case no.51 of 2023 after being satisfied regarding completion of service upon the appellant and the respondents and shall come to a logical conclusion of the same positively within a period of 45 working days from the date of communication of the server copy of this order.

Liberty is given to the learned advocate on record of the writ petitioner to communicate the server copy of this order to the respondent no.2 forthwith.

The respondent no.2 is directed to act on the server copy of this order.

The time limit as fixed by this Court is mandatory and peremptory.

With the aforementioned observations the instant writ petition is disposed of.

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

(Partha Sarathi Sen, J.)