Sri. Dibya Jyoti Paul vs The State Of West Bengal & Ors on 9 April, 2021
We also find that the
aforesaid order dated July 06, 2023 has been passed while relying on the
common order dated April 09, 2021 passed in WPA 3780 of 2015 (Sri
Dibya Jyoti Paul vs. The State of West Bengal & Ors.) with WPA 3781 of
2015 (Sri Rajib Kumar Saha vs. The State of West Bengal Ors.). We have
gone through the facts of cases narrated in the aforesaid orders and we
are satisfied that none of the said orders enure to the benefit of the
appellant - writ petitioner. The writ petitioners in all the three cases
aforesaid were vigilant enough and they had approached the Court well
in time, while the panel was alive. In fact the writ petitioners in all the
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three cases had approached this Court earlier i.e. Sri Dibya Jyoti Paul
and Sri Rajib Kumar Saha had initially filed W.P.13815 (W) of 2014 and
W.P.16395 (W) of 2014 respectively and Masadul Hossain had filed
W.P.32241 (W) of 2013. The orders relied on by the appellant thus came
to be passed by the Court in the second round of the litigation.
Contrastingly, the Appellant-writ petitioner in the instant case did
nothing for several years and suddenly sprung up with the writ petition
in the year 2025 that too after the panel had expired.