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2007 Supreme(Cal) 353

Arun Kumar Bhattacharya
Gangadhar Dutta – Appellant
Versus
STATE OF WEST BENGAL – Respondent


JUDGMENT:

1. THE appellant being a third party has impugned the judgment and order dated 26th December, passed by the learned Single Judge in a writ petition being described as Tender No. 607 of 2006.

2. ON plain reading of the judgment impugned it appears to be an order which is not supportable under any circumstances as the impact of the order is a final result of the writ petition as if it had been heard out finally. We accordingly set out the text of the order of the impugned judgment and order:

"the Court: After having considered the facts and circumstances of the case, there will be an interim order in terms of prayer (f) of the petition. Since the validity of the present licence, I am told, is to expire of 31s' december, 2006 the petitioner would be at liberty to apply for renewal of his validity licence. Since the validity of the present licence is to expire and since the petitioner has been sufficiently protected by the above interim order, the writ petition is disposed of as above. Since no affidavit-in-opposition has been called for from the respondents concerned, the allegations made in the writ petition are not to be taken to be admitted. "

We also set out the prayer (e)










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