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2026 DAILYLAW 40397 (CAL)

JIBAN DUTTA AND ORS v. STATE OF WEST BENGAL AND ORS.

WP.ST/7/2023 · 2026-09-14

Madhuresh Prasad, Partha Pratim Roy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14th September, 2026 (D/L No.4) Ct. No.4 (SKB) W.P.S.T. 7 of 2023 (Assigned) With CAN 1 of 2023 Jiban Dutta and others Versus The State of West Bengal and others Mr. Anindya Lahiri, Sr. Adv., Mr. Subit Mondal, Mr. Samrat Dey Paul … for the petitioners. 1. Heard the learned senior advocate for the petitioners. None appears for the State. 2. The learned senior advocate appearing for the writ petitioners submits that the matter has been pending before the West Bengal Administrative Tribunal (in short ‘Tribunal’) since long. The Tribunal is, however, non-functional. 3. Under the circumstance, the learned senior advocate for the writ petitioners submits that since no order of the Tribunal is assailed in the present proceeding, he does not wish to proceed with the present writ petition. 4. He submits that due to non-availability of functional Tribunal; and since no issues have been issued by the Tribunal till date, he will withdraw the application pending before the Tribunal and avail remedy before the learned 2 Single Bench having determination in respect of service matters, within which the present writ petition falls. 5. The present writ petition is accordingly disposed of with liberty to the petitioners to avail the remedy in accordance with law. The petitioners before availing remedy before the learned Single Bench would have to give an undertaking regarding withdrawal of the Original Application bearing O.A. No.470 of 2019 pending before the Tribunal. 6. The writ petition is disposed of in the above terms. 7. Accordingly, the application being CAN 1 of 2023 is also disposed of. (Madhuresh Prasad, J.) (Partha Pratim Roy, J.)