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Calcutta High Court (Appellete Side)

Asish Kumar Ponda vs The State Of West Bengal & Ors on 25 February, 2022

Author: Saugata Bhattacharyya

Bench: Saugata Bhattacharyya

    71
25.02.2022
   adeb




                                 WPA 95 of 2017
                                 (Via Video Conference)

                             Asish Kumar Ponda
                                     Vs.
                        The State of West Bengal & Ors.



                  Mr. Shyamal Kr. Das
                  Mr. Ajay Barman Ray

                                                          ..for the Petitioner

                  Mr. Swapan Kumar Datta
                  Mr. Dilip Ghosh
                  Mr. Dipankar Das
                                                      ...for the State

                  Mr. N.C. Bihani
                  Ms. Papiya Banerjee Bihani
                  Mr. Soumyajit Ghosh
                                         ..for the DSDA


                   The writ petition is taken up for hearing in

             presence of the learned advocates representing the

             petitioner, State-respondents as well as Digha Sankarpur

Development Authority.

At the threshold, Mr. Swapan Kumar Datta, learned Additional Government Pleader has admitted that till date, in spite of direction by the coordinate Bench dated 13th December, 2018, affidavit-in-opposition to the writ petition has not been filed on behalf of the State-respondents though considering the dispute involved in this writ petition, affidavit is required to be filed by the State-respondents and accordingly, has prayed for extension of time to file affidavit-in-opposition. 2 Mr. N.C. Bihani, learned advocate appearing on behalf of the Digha Sankarpur Development Authority has submitted that he has already filed affidavit-in- opposition and the same is taken on record.

Affidavit-in-reply filed by the petitioner to the affidavit-in-opposition used by the respondent no. 3 is also taken on record.

This Court has perused a memo dated 31st August, 2016 issued by the Joint Secretary, Government of West Bengal whereby acceptance of premature retirement of the father of the writ petitioner by the Executive Officer of Digha Sankarpur Development Authority has been disputed and questioned by the said authority. Therefore, separate affidavit needs to be filed by the State- respondents.

Time to file affidavit-in-opposition is extended till 11th March, 2022 and reply, if any, to be filed by the petitioner by 21st March, 2022.

The matter is directed to appear in the list on 25th March, 2022 under the heading "Specially Fixed Hearing".

(Saugata Bhattacharyya, J.)