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2026 DAILYLAW 48068 (CAL)

SMRITI BHATTACHARYA v. STATE OF WEST BENGAL AND ORS.

MAT/1123/2024 · 2026-10-07

Madhuresh Prasad, Prasenjit Biswas

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Judgment text

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S/L 14 07.10.2026 Court No.04 B.K.N M.A.T. 1123 of 2024 With CAN 1 of 2024 CAN 2 of 2024 Smriti Bhattacharya Vs. The State of West Bengal & Ors. Mr. Kallol Basu, Mr. Suman Banerjee, Mr. Atreya Chakraborty … for the Appellant. Mr. Lokenath Chatterjee, Jr. St. Counsel, Mr. Swarvanu Saha, Mr. Nilanjan Bhattacharya … for the State. In Re: CAN 1 of 2024 1. The delay of 511 days is condoned in view of the averments made in the application for condonation and the fact that the respondents chose not to file any affidavit-in-opposition to the instant application despite opportunity granted by an earlier order of the Court dated 21.03.2025. 2. Application being CAN 1 of 2024 is allowed. In Re: M.A.T. 1123 of 2024 3. A submission is made by the learned advocate for the appellant that a writ petition could have been filed for execution of the order passed in the earlier writ proceeding being W.P.A. No. 7866 of 2020. 4. Although we are not inclined to agree with such submission but we leave it for the State to inform the writ petitioner as to what actions have been taken 2 pursuant to the order of the Court dated 27th November, 2020 in W.P.A. No. 7866 of 2020, by a reasoned and speaking order. 5. The order dated 30.11.2022 of the Hon’ble Single Judge in the present case (W.P.A. 12421 of 2021) shall not stand in the way of the authorities in complying with the directions passed in W.P.A. No. 7866 of 2020. 6. The appeal and the writ petition are accordingly disposed of. 7. Pending application, if any, is also disposed of. 8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)