SUKLA GHOSH Vs. STATE OF WEST BENGAL & ANR
HIGH COURT OF CALCUTTA
State Of West Bengal And Anr
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Biswanath Somadder, J. -
(1.) Leave granted to remove the defects as pointed out by the Additional Stamp Reporter in his endorsement dated 30th January, 2019.
(2.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(3.) The instant appeal arises out of a judgement and order dated 20th December, 2018, passed by a learned Single Judge in WP 11173 (W) of 2015 with CAN 9074 of 2018 (Pralay Chowdhury vs. The State of West Bengal & Ors.). By the impugned judgment and order, the learned Single Judge was pleased to dispose of the connected application as well as the main writ petition in the following manner:-
"Mr. Bhattacharya, learned Advocate appearing for the Licensing Company, submits that pursuant to the Hon'ble Court's order, supply was provided in favour of the petitioner. Mr. Bhattacharya further contends that the Licensing Company never disconnected the supply of the petitioner's tenanted portion.
That being the scenario, question of directing the Licensing Company to restore the supply does not arise since it is admitted that the Licensing Company did not disconnect the petitioner's supply.
In this backdrop, no order need be passed in the application. Accordingly, this application is disposed of. But this order will not preclude the petitioner to re-connect the supply at his own if he is so advised.
Accordingly, the application being C.A.N. 9074 of 2018 as well as the main writ petition are disposed of.
However, there will be no order as to costs.";
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