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2026 DAILYLAW 44288 (CAL)

SAHIN SARAFI HALSANA v. AZAHAR SARDAR AND OTHERS

MAT/1617/2026 · 2026-09-29

Atarup Banerjee, Ravi Krishan Kapur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L.07. September 29, 2026. KAUSHIK M.A.T. 1617 of 2026 CAN 1 of 2026 Sahin Sarafi Halsana Vs. Azahar Sardar & Ors. Mr. Ramesh Dhara Mr. Gourav Banerji … for the appellant Mr. Debabrata Saha Roy Mr. Pingal Bhattacharya Mr. Subhankar Das … for the respondent no. 1 Mr. Indrajit Roy Chowdhury Mr. Raj Mohan Chattoraj … for the State CAN 1 of 2026 1. The instant appeal is directed against an order dated 9 September, 2026 whereby the Learned Single Judge has directed the State respondents to produce the original documents pertaining to the selection process of both the petitioner and the private respondent no. 1 including the enquiry report filed by the Field Officer and an Inspection for proper consideration of the case. 2. It is submitted on behalf of the appellant that the writ petition was liable to be dismissed on the ground of suppression and misrepresentation of facts. 3. On behalf of respondent, it is submitted that the appeal is directed against an ad interim 2 order and there has been no final decision till now. 4. On a consideration of the facts and circumstances, it is evident that the rights of the parties at this prima facie stage are fluid and yet to be determined. 5. In view of the above, there is no perversity nor illegality no contravention of any law in the direction of the Learned Single Judge. 6. The matter has been fixed in the monthly list of November, 2026 and there is no ground for interference whatsoever, at this stage in such circumstances, the instant appeal is dismissed without any order as to costs. The connected interlocutory application being CAN 1 of 2026 also stands disposed of. 7. It is made clear that there has been no adjudication on the merits of the case and all issues are left open to be decided by the Appropriate Authority. (Ravi Krishan Kapur, J.) (Atarup Banerjee, J.)