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2017 Supreme(Cal) 628

BISWANATH SOMADDER, SANKAR ACHARYYA
STATE OF WEST BENGAL – Appellant
Versus
POLY DUTTA – Respondent


Advocates Appeared:
For the Appellant :Mr. Tapan Kumar Mukherjee and Mrs. Sahali Mukherjee (Chakraborty), Mr. Tulsi Das Maiti and Mr. Pradip Kumar Ghosh, Advocates
For the Respondent:Mr. R. Chatterjee and Mr. Arijit De, Advocates

JUDGMENT :

Biswanath Somadder, J.

In Re: CAN 10514 of 2016

After considering the submission made by the learned advocate for the appellant and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown to explain the delay in filing the appeal and as such the delay is condoned.

2. The application for condonation of delay, being CAN 10514 of 2016 is accordingly allowed.

In Re: MAT 1857 of 2016

With

CAN 10516 of 2016

3. By consent of the parties present, the appeal is treated as on day's list and taken up for consideration along with the application for stay.

4. The instant appeal preferred by the State of West Bengal arises out of the following order passed by the learned Single Judge on 30th June, 2016, while disposing of a writ petition, being WP 869 (W) of 2016:-

"A recommendation was made on 29th July, 2011 by the Baranagar Municipality recommending the name of the petitioner for compassionate appointment. It is submitted that this list was sent to the Director of Local Bodies. He has not taken any action in the last five years. So there is no question of any further waiting for the petitioner in terms of the waiting list.

The Secretary, Local s












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