Calcutta High Court (Appellete Side)
Dr. Sukumar Mk. Ghosh vs The State Of West Bengal & Ors on 11 March, 2021
Author: Biswajit Basu
Bench: Biswajit Basu
11.03.2021
(S/L-18)
Ct.-18
(Susanta)
(Via Video Conference)
W.P.A. 3989 of 2017
with
IA No: CAN 1 of 2017 (Old CAN No. 10308 of 2017)
Dr. Sukumar MK. Ghosh
-Vs-
The State of West Bengal & Ors.
Mr. Raja Biswas,
Mr. Abhijit Sarkar,
...... For the Petitioner.
Mr. Tapan Kumar Mukherjee,
Ms. Saheli Mukherjee,
...... For the State Respondents.
Re: IA No: CAN 1 of 2017 (Old CAN No. 10308 of 2017) Affidavit-of-service filed in Court today be kept with the record.
This is an application for restoration of the writ petition by recalling the order dated September 1, 2017.
Perused the petition, it appears that the petitioner was prevented by sufficient cause from appearing before the Court when the matter was called on for hearing.
The order dated September 1, 2017 is, therefore, recalled.
W.P. 3989(W) of 2017 is restored to its original file and number.
The application being IA No: CAN 1 of 2017 (Old CAN No. 10308 of 2017) is disposed of. 2 There shall be no order as to cots. Re: W.P.A. 3989 of 2017 The writ petition is taken up for hearing by consent of the parties.
The petitioner by the instant writ petition is claiming that he is the President of one Kolkata Community Human Rights and Welfare Association, a philanthropic organization and he has donated land for setting up the Hulashpur Modern Indian Senior Madrasah in the District of Malda.
The petitioner alleges that the private respondent Nos. 6 & 7 are receiving the financial aid from the West Bengal Board of Madrash Education being the respondent No. 3 herein by falsely representing the said organization.
The petitioner prays that the respondent No.3 may be directed to take back the said financial aid from the said respondent nos. 6 & 7 and to disburse the same in favour of the petitioner.
The dispute between the petitioner and the said respondent nos. 6 & 7 is in the nature of private dispute and to resolve the said dispute the jurisdiction under Article 226 of the Constitution of India cannot be resorted to.
Therefore W.P.A. 3989 of 2017 is dismissed. 3 However, dismissal of the writ petition will not prevent the petitioner to take resort to the appropriate proceeding before the appropriate forum of Law to resolve the said dispute. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)