MOHAN DANDAPAT AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/12845/2026 · 2026-07-09
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27343 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27343 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
09.07.2026 Item No.21 Ct. No.19 KS
W.P.A. 12845 of 2026 Mohan Dandapat & Ors.
Vs. The State of West Bengal & Ors. Mr. Raj Kr. Sain
….. For the Petitioners Mr. Nilanjan Bhattacharyya, S.S.C. Mrs. Joyita Dhar Chakraborty Mr. Swapnamoy Sarkar …..For the State Mr. Subhas Jana Ms. Mohua Palit …..For the Respondent Nos.7, 9 to 13
1. The petitioners, the respondent/State and the private respondent nos.7, 9 to 13 are represented through their respective learned counsel.
2. None appears on behalf of the private respondent nos.8 and 14, despite service.
3. Affidavit of service filed in Court by the petitioners is taken on record.
4. By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate Writ/Writs against the respondent no.2 commanding him to dispose of the Appeal No.27 of 2025 at the earliest since, according to the learned counsel for the writ petitioners, the
2 said appeal is pending for a considerable period of time.
5. Mr. Bhattacharya, learned senior counsel appearing on behalf of the respondent/State, in his usual fairness, submits before this Court that the respondent no.2 authority may be directed to dispose of the said appeal within a time frame.
6. Mr. Bhattacharya, learned senior counsel, however, submits that before the respondent no.2 authority, maintainability of the said appeal vis- à-vis the jurisdiction of the respondent no.2 authority to decide the said appeal be kept open.
7. Learned counsel for the private respondent nos.7, 9 to 13 submits before this Court that there is no need to pass any order in view of the fact that a Co-ordinate Bench of this Court vide order dated 22.01.2025 in W.P.A. 621 of 2025 has passed such
order.
8. In view of such, this Court while disposing the instant writ petition, directs the respondent no.2 authority to come to a logical conclusion of the appeal, as preferred by the present writ petitioners being, Appeal No.27 of 2025 positively within 30 working days from the date
3 of communication of the server copy of this
order.
9. It is, however, made clear that the respondent no.2 authority is at liberty to decide the issue of maintainability as well as the point of jurisdiction the said appeal. In other words, before the respondent no.2 authority, the point of maintainability and the point of jurisdiction are kept open.
10. With the aforementioned observation, the instant writ petition is disposed of.
11. The respondent no.2 is directed to act on the basis of server copy of this order.
12. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(PARTHA SARATHI SEN, J.)