Calcutta High Court (Appellete Side)
Ms vs Chakraborty ...For The on 9 December, 2010
Author: Dipankar Datta
Bench: Dipankar Datta
09.12.2010 kc. 30 W.P.25462(W) of 2007 (CAN 9369 of 2009) Mr. Bilwadal Bhattacharjee Ms. V. Chakraborty ...for the petitioner.
Mr. Jagabandhu Roy ...for the State.
Ms. Santi Das .....for the Council Mr. Bhattacharjee, learned advocate appearing for the petitioner submits that his client is not willing to proceed with the writ petition any further. He produces a written instruction issued by the petitioner himself to this effect.
Written instruction filed in Court today shall be retained with the records. It appears to this Court that the idea of not proceeding with the writ petition has dawned on the petitioner after he was served copy of the counter-affidavit of the concerned employment exchange. It appears therefrom that the petitioner did not renew his employment exchange card in 1992 when renewal fell due and consequently, the registration having lapsed, his name had not been sponsored in 2006. Since the petition would not succeed on merit, the petitioner has conveniently prayed for order of dismissal of the writ petition for non-prosecution.
Having regard to the aforesaid discussion, the writ petition stands dismissed on merit. In view of the aforesaid order, the application being CAN 9369 of 2009 also stands dismissed.
There shall be no order for costs.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties, as early as possible.
(DIPANKAR DATTA,J.)