Calcutta High Court (Appellete Side)
For The vs Tapas Samanta). Since on 6 September, 2019
Author: Protik Prakash Banerjee
Bench: Subrata Talukdar, Protik Prakash Banerjee
1 06.09.2019 11 RP Ct.10 CPAN 194 OF 2019 IN WP 2677 (W) OF 2018 + CPAN 894 OF 2019 IN WP 2673 (W) 2018 + CAN 5578 OF 2019 + WP 2675 (W) OF 2018 + CAN 5898 OF 2019 + WP 2674 (W) OF 2019 + CAN 5577 OF 2019 Mr. Rahul Karmakar, Adv.
Mr. Kalyan Sengupta, Adv.
Ms. Sayanti Sengupta, Adv.
.... For the Petitioner Mr. Susovan Sengupta, Adv. Mr. Subir Pal, Adv.
.... For the State In CAN 5577 of 2019 taken out in WP 2674 (W) of 2018 the following allegations have been made.
"Your petitioner state that on 13.03.2019 the matter was taken up by His Lordship Protik Prakash Banerjee. Before that all such similar matters including the present writ petition were tagged together and appeared in the combined monthly list dated 4.02.2019 as item 751 before Hon'ble Justice Subrata Talukdar. 2 Further on 13.02.2019 a letter was issued to the State to appear before Hon'ble Justice Subrata Talukdar for a similar matter bearing WP 2677 of 2018 (State of West Bengal vs. Tapas Samanta). Since during that period, some of pending matters of His Lordship Protik Prakash Banerjee, in his absence, were appearing in the list before Hon'ble Justice Subrata Talukdar, Mr. Subir Pal, State Advocate was following the Single Bench of Hon'ble Justice Subrata Talukdar sincerely and diligently and in anticipation that the present writ petition will be taken up by that Bench. But the present writ petition came up suddenly after being mentioned by the writ petitioners before the His Lordship Protik Prakash Banerjee. This was inadvertently and unfortunately could not be followed by the State Advocate Mr. Subir Pal and the State remained unrepresented on the day matter came up for hearing before His Lordship Protik Prakahs Banerjee."
However, the letter dated February 13, 2019 has not been annexed to the said application.
Mr. Karmakar, learned Advocate for the petitioner/opposite party in the said CAN 5577 of 2019 submits that there was no call for his Advocate-on-Record to make such a communication to the State of West Bengal and/or the learned Advocate Mr. Subir Paul particularly in respect 3 of WP 2677 of 2018 (State of West Bengal vs. Tapas Samanta). A contempt petition being CPAN 194 of 2019 is taken out for non-compliance of the said order which is also pending before this Court and is appearing in the list today.
Mr. Sengupta, learned Advocate for the State seeks sometime to come back with the original of the said letter since it his client's allegations that on the basis of such letter Mr. Subir Paul, learned Advocate was misled.
In that view of the matter CAN 5577 of 2019 along with CPAN 898 of 2019+ WP 2674 (W) of 2018 is detagged from the other matters and will appear peremptorily at 2 P.M. on 9th September, 2019 when such letter dated February 13, 2018 shall be produced. In default the consequences will not be pleasant.
The other matters which have been listed today under the same item no.11 shall be taken up on September 20, 2019 after detagging CAN 5577 of 2019, CPAN 898 of 2019 + WP 2674 (W) of 2018.
(PROTIK PRAKASH BANERJEE, J.) 4