Surya Narayan Singh Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Surya Narayan Singh Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 to hear out Appeal Case No. 52 of 2023 after verifying completion of service upon the appellant and respondents and to reach a logical conclusion positively within 45 working days from communication of the server copy of the order; the time limit is mandatory and peremptory.

Issue for consideration

Whether appropriate writ/writs should issue against respondent no.2 commanding him to take steps for early disposal of Appeal No. 52 of 2023, pending before him for a considerable length of time.

Court's answer

This Court directed respondent no.2 to hear out appeal case no.52 of 2023 after being satisfied regarding completion of service upon the appellant and the respondents.

Ratio / Principle

The appeal was to be brought to a logical conclusion positively within 45 working days from the date of communication of the server copy of the order.

Key takeaways

The time limit fixed by the Court was declared mandatory and peremptory.ratio¶18
Liberty was given to the learned advocate on record of the writ petitioner to communicate the server copy of the order to respondent no.2 forthwith, and respondent no.2 was directed to act on the server copy.ratio¶16

Detailed headnote1 paragraphs

W.P.A. 6667 of 2025 — Surya Narayan Singh v. The State of West Bengal & Ors. (order dated 02.05.2025, Partha Sarathi Sen, J.): writ petition seeking a direction to respondent no.2 for early disposal of Appeal No. 52 of 2023 (Surya Narayan Singh v. The Additional District Magistrate, Paschim Bardhaman and Others), pending for a considerable length of time, notice of appeal produced at page no.46. Court disposed of the petition directing respondent no.2 to hear out the appeal after satisfying himself regarding completion of service upon the appellant and the respondents and to come to a logical conclusion positively within 45 working days from communication of the server copy; the time limit was declared mandatory and peremptory. Liberty given to petitioner's advocate-on-record to transmit the server copy; respondent no.2 directed to act on it. No statute or precedent cited; no quantum involved.

Item No.47 02.05.2025 Court. No. 19 GB

W.P.A. 6667 of 2025

Surya Narayan Singh Vs.

The State of West Bengal & Ors.

Mr. Mir Anowar

… for the Petitioner.

Mr. T.M. Siddiqui, Ms. Debdooti Dutta Mr. Sanjay Saha, Mr. Raju Mondal

… for the State.

… 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.52 of 2023 (Surya Narayan Singh 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.46 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.52 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.)