Calcutta High Court
Sujata Mitra & Anr vs Sujan Chandra Roy And Ors on 13 March, 2025
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
OD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APOT/61/2025
WITH
WPO/53/2025
IA NO: GA/1/2025, GA/2/2025
SUJATA MITRA & ANR.
VERSUS
SUJAN CHANDRA ROY AND ORS.
BEFORE:
The Hon'ble JUSTICE TAPABRATA CHAKRABORTY
AND
The Hon'ble JUSTICE REETOBROTO KUMAR MITRA
Date : 13th March, 2025.
Appearance:
Mr.Surajit Nath Mitra, Sr. Adv.
Mr. Debabrata Saha Roy, Sr. Adv.
Mr. Pingal Bhattacharyya, Adv.
Mr. Subhankar Das, Adv.
..for the appellants
Mr. Kalyan Kumar Bandopadhyay, Sr. Adv.
Mr. Ramesh Dhara, Adv.
..for the respondents
Ms. Sonal Sinha, Ld. A.G.P , Mr. Amritalal Chatterjee, Adv.
...for State
1. The supplementary affidavit, as filed, be kept on record.
2. The present application being GA/1/2025 has been preferred praying for leave to file appeal challenging the order dated 30th January, 2025 passed in the writ petition being WPO/53/2025. 2
3. We have heard Mr. Mitra, learned Senior Counsel appearing for the applicants and Mr. Bandopadhyay, learned Senior Counsel appearing for the writ petitioner/respondent no.1.
4. Records reveal that the writ petition being WPO/53/2025 was preferred challenging, inter alia, a letter dated 8th June, 2023 passed by the respondent no.5 intimating the writ petitioner therein, namely, Sujan Chandra Roy (hereinafter referred to as Sujan) that 'But in view of Interim Order of the Hon'ble High Court in the matter of W.P.A. No. 1151 of 2023 (Sujata Mitra & Anr. Vs. The State of West Bengal & Ors.), licence in favour of the approved applicant shall not be issued till disposal of the said Writ Petition'.
5. The applicants have not been impleaded in the said writ petition and it appears that if any order is passed in the said proceedings, the same would adversely affect their claim.
6. In view thereof, the application being GA/1/2025 is disposed of granting leave to the applicants to prefer appeal against the order dated 30th January, 2025.
7. In connection with the appeal, a further application being GA/2/2025 has also been preferred, inter alia, praying for stay of operation of the order dated 30th January, 2025 passed in WPO/53/2025.
8. In course of hearing of the present appeal and answering our query, Ms. Sinha, learned Counsel appearing for the State respondents, submits that allocation of the PDS commodities for the months of March and April, 2025 has been made in favour of 3 the applicants and that the allocation of PDS commodities for the month of May, 2025 onwards would be allocated to Sujan. Let the written instruction, as produced, be kept on record.
9. In view thereof, question of issuance of any further interim order does not occasion at this stage since it appears that allocation of PDS commodities in favour of the appellants shall subsist till the end of April, 2025.
10. The respondents are directed to file their affidavit-in-opposition to the said application dealing with the averments made in the stay application and the supplementary affidavit within a period of one week from date. Reply thereto, if any, be filed within three days thereafter.
11. It is made clear that the time specified for exchange of the affidavits is peremptory.
12. List the matter for further consideration in the Daily Supplementary List of this Court on 27th March, 2025 as fixed at 2 pm. (TAPABRATA CHAKRABORTY, J.) (REETOBROTO KUMAR MITRA, J.) R.Bhar/kc.