WPA 14503 of 2005 (CAN 3 of 2025) 2.4.2025 Biswajit Ghorai-vs-The State of West Bengal & Ors. ct.25, sl.6. sk Mr. Barun Kr. Samanta ….for the petitioner. Mr. A.K.Sen, Ld. AGP Ms. Ashima Das(Sil) …..for the State In re: CAN 3 of 2025. CAN 3 of 2025 is an application by the applicant/writ petitioner in WPA 14503 of 2005. The applicant/writ petitioner seeks recall and modification of this Court’s order dated January 8, 2005 and January 30, 2005. Mr. Samanta, learned advocate appears for the applicant/writ petitioner. He has taken this Court to the approval letter of the petitioner/applicant dated November 17, 2005 wherein there has been mention regarding pendency of MAT 2926 of 2005 with CAN 7517 of 2005, in the following manner:- i) “The approval of appointment is hereby accorded subject to the respondent or the appeal in MAT 2926 of 2005 with CAN 7517 of 2005”. 2 Mr. Samanta says that in fact the said appeal has been disposed of by the Hon’ble Appellate Court, being infructuous. Therefore, according to him, there should not have been any mention about the pendency of the said appeal in the approval letter of the petitioner. Mr. Samanta has further submitted that in the present application, the applicant seeks recall of the Court’s order as above, for the purpose of expunging of the remark as above, made in the petitioner’s approval letter dated November 17, 2005. Mr. Sen appears for the respondent State. Mr. Sen says firstly that the approval by dint of the said letter dated November 17, 2005 has not been on the basis of any order of the Court. He further informs that on the date of issuance of the said approval letter to the writ petitioner, the appeal, as mentioned above, was pending before the Hon’ble Appeal Bench. He says now that after disposal of the appeal, the comment made in the approval letter of the writ petitioner dated November 17, 2005, has no relevance any further. Having heard the submissions of the learned counsels and after perusing the records, the Court 3 considers that on the date of issuance of the approval letter i.e November 17, 2005, though the same has not been issued by dint of any Court’s order, an appeal being MAT 2926 of 2005 with CAN 7517 of 2005 was pending before the Hon’ble Division Bench, challenging the order of the learned Single Judge. Subsequent to issuance of approval letter as above, the said appeal has been disposed of by the Court. Hence, as on date, there is no existence of any appeal being MAT 2926 of 2005 with CAN 7517 of 2005. Considering the above fact, the Court finds the comment as made in the approval letter dated November 17, 2005 to be redundant, non-effective and without any relevance any further. In such circumstances, the prayer of the applicant/writ petitioner in the present application being CAN 3 of 2025 is allowed, thereby directing the respondent authorities to expunge the remark as mentioned above, from the approval letter dated November 17, 2005 and to issue an order to the effect that the comment as above has been expunged from the approval letter of the writ petitioner. 4 Let such an order be issued within a period of three weeks from the date of communication of copy of this order. With the direction and observation as above, the application being CAN 3 of 2025 is disposed of. (Rai Chattopadhyay, J.)