DIPANKAR DATTA
Tapan Kumar Mandal – Appellant
Versus
State of West Bengal – Respondent
1. These writ petitions, involving issues of law of frequent occurrence, were heard separately. Inter alia, several decisions of learned Judges of this Court (either sitting in a Division Bench or singly) have been cited on behalf of the petitioners and it has been submitted that the issues of law involved here are no longer res integra; hence I ought to simply follow the same without much ado. The State, while opposing these writ petitions, has submitted that certain very important and relevant aspects were not placed before the concerned Benches on the earlier occasions and the resultant decisions, without noticing such aspects, are subsilentio rulings necessitating a re-look at the issues and further that in the interest of ensuring certainty, consistency and predictability, I ought to refer the same for re-consideration to a Division Bench or to the Hon’ble the Chief Justice for constituting an appropriate larger Bench. Considering such submissions advanced on behalf of the State, I have considered it proper to ascertain the worth thereof and I propose to consider each of the writ petitions separately. However, whatever result is reached in respect of all would be re
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