SARASWATI PANJA Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2017-11-126
HIGH COURT OF CALCUTTA
Decided on November 01,2017

Saraswati Panja Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Jyotirmay Bhattacharya, J. - (1.) Admittedly the issue, i.e. the subject matter of dispute, which is raised in this writ petition had already been resolved in the earlier writ petition between the same parties. As such, the learned Single Judge of this court dismissed the present writ petition by holding that the present writ petition is barred by the principle of res judicata. However, while dismissing the said writ petition, the learned Single Judge of this court observed that if at all the petitioner is so advised, it shall be open to her to approach the appellate court, challenging the order dated 4th January 2012 in accordance with law for obtaining similar relief as granted by the appellate court by an order dated 22nd April 2014 in MAT No. 1316 of 2013.
(2.) Pursuant to such observation made by the learned Single Judge of this court in the order impugned, the appellant has filed another appeal challenging the order by which the earlier writ petition was disposed of. The said appeal is also registered as MAT No. 223 of 2017.
(3.) Since the said appeal was filed beyond the period of limitation, an application for condonation of delay has also been filed in connection with the said mandamus appeal.;


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