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2016 Supreme(Cal) 1013

RAKESH TIWARI, MIR DARA SHEKO
State of West Bengal – Appellant
Versus
Pranab Kumar Maity – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Laxmi Gupta, Mr. Sadananda Ganguly, Mr. S.N. Biswas
For the Writ Petitioners: Mr. Subir Sanyal, Mr. Saktipada Jana

JUDGMENT :

Rakesh Tiwari, J.

The appeal is preferred aggrieved by the judgment and order dated 3rd December, 2013 passed in writ petition no. W.P. 33892(W) of 2013 (Pranab Kumar Maiti and ors. v. The State of West Bengal and ors.).

2. It appears from record that the appeal was filed without certified copy of the judgment and order. The Court on 14.8.2016 granted leave to the learned Counsel for the appellants to file the appeal without the certified copy of the order. The leave granted is noted on the back of the last page of the memo of appeal. It reads -

"Leave is granted to file without certified copy with undertaking to produce certified copy of the Order at the time of moving the application within the period of limitation."

3. The appeal was taken up by this Court on 20.8.2014 wherein the following order was passed on the delay condonation application.

"This Mandamus appeal is filed against an order passed by the Learned Single Judge of this Court on 3rd December, 2013 in W.P. No.33892(W) of 2013. The appeal is a defective one. Certified copy of the impugned order has not yet been filed.

Since the Memorandum of appeal was not presented within the prescribed period of limitation, the

























































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