SHOVA RANI DUTTA v. THE STATE OF WEST BENGAL AND ORS.
WPA/10874/2025 · 2026-08-24
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35213 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35213 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 9
24.08.2026 Court. No. 25
Sourav
WPA 10874 of 2025
Shova Rani Dutta Vs. The State of West Bengal & Ors.
Mr. Lalratan Mandal Mr. Dilip Kumar Sadhu … for the petitioner.
Mr. H. Adhikary … for the State.
Mr. Sk. Jayed Hossain Ms. Sumitra Das … for the respondent nos. 5 and 6.
1. The petitioner has filed the present with application challenging the order passed by the learned Maintenance Tribunal dated December 31, 2024.
2. This Court finds that the writ petition is not maintainable as petitioner is having an alternative remedy of appeal before the Appellate Tribunal. Accordingly, the instant writ petition is dismissed with the liberty to the petitioner to prefer an appeal before the Appellate Tribunal.
3. The Tribunal has passed an order on December 31, 2024 but it is the specific case of the petitioner that the order was supplied to the petitioner only on May 5, 2025 when the petitioner has filed earlier writ petition. On receipt of the order, the petitioner instead of filing appeal has filed the present writ petition on May 7, 2025.
4. Considering the above, if the petitioner files an appeal before the appellate Tribunal against the order dated December 31, 2024, the appellate Tribunal shall consider for condoning the delay by giving the benefit of Section 14 of the Limitation Act.
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5. WPA 10874 of 2025 is dismissed.
6. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Krishna Rao, J.)