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Calcutta High Court (Appellete Side)

Gurupada Samanta vs Union Of India And Others on 9 September, 2021

Author: Rajesh Bindal

Bench: Rajesh Bindal

                                                                      Item No.45



                       IN THE HIGH COURT AT CALCUTTA
                                   (Appellate Side)
                       CONSTITUTIONAL WRIT JURISDICTION


                                                WPA 14592 of 2017
                                                Date of decision:-09.09.2021


Gurupada Samanta
                                                             ...Petitioner
                                   -versus-

Union of India and others
                                                             ...Respondents


CORAM:    HON'BLE MR. JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING)

          HON'BLE MR. JUSTICE RAJARSHI BHARADWAJ




     Present:          M/s. Amitesh Banerjee,
                       Tulshidas Roy and
                       Tarak Karan, Advocates (Through VC)
                                    ..for the State.




                                         ORDER

1. This order will dispose of a bunch of petitions bearing Nos.

i. WPA/1478/2017 (SUSSAIN ALI & ORS VS STATE OF WEST BENGAL & ORS) ii. WPA/16287/2019 (SAKTIPADA BHATTACHARJYA vs THE GOVERNMENT OF WEST BENGAL & ORS) iii. WPA/18551/2017 (GOPAL CHANDRA KHAMARI & ANR. vs UNION OF INDIA & ORS) iv. WPA/18555/2017 (MALAY KUMAR GIRI & ANR vs UNION OF INDIA & ORS) 2 WPA 14592 of 2017 v. WPA/19683/2019 (RAM PHAL SINGH & ORS vs UNION OF INDIA & ORS) vi. WPA/20325/2019 (JAFARUDDIN & ORS vs & UNION OF INDIA & ORS) vii. WPA/2134/2017 (RITA SARKAR & ORS vs & UNION OF INDIA & ORS) viii. WPA/2836/2017 (NIMAI MAJHI & ORS vs STATE OF WEST BENGAL & ORS) ix. WPA/30734/2017 (PURNENDU DAS & ORS vs UNION OF INDIA & ORS) x. WPA/3572/2018 (SAGIDA BEGAM vs UNION OF INDIA & ORS) xi. WPA/3901/2019 (SATYADEV JAISWAL & ORS vs UNION OF INDIA & ORS) xii. WPA/444/2019 (MONORANJAN MANNA & ORS vs UNION OF INDIA & ORS) as common issues have been raised therein.

2. The prayer made in the petition is for refund of the amount deposited by the petitioner in various schemes floated by Pincon Group, may be even by taking coercive steps.

3. The issue is being considered by this Court in WPA 24110 of 2016 titled as The Investors & Marketing Members' Welfare Society & Ors. Vs. Union of India and ors. comprehensively. All the issues sought to be raised by the petitioners in the present bunch of petitions can also be taken care of in the aforesaid petition instead of keeping all these petitions pending in this Court. Accordingly, the same are disposed of. The petitioners herein shall be at liberty to raise his claims and assist the Court in The Investors & Marketing Members' Welfare Society's case (supra). In case any of his claim as made in the writ petitions still survive, they shall be at liberty to get the present petitions revived. 3

WPA 14592 of 2017

4. The present writ petitions are disposed of accordingly.

(Rajesh Bindal) Chief Justice (Acting) (Rajarshi Bharadwaj) Judge Kolkata 09.09.2021

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