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2018 Supreme(Cal) 323

BISWANATH SOMADDER, ARINDAM MUKHERJEE
Panchanan Bera – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Biswanath Mitra, Mr. Triptimoy Talukdar, Mr. Arun Kumar Das.
For the Respondents: Mr. Tapan Kumar Mukherjee, Mr. Somnath Naskar.
For the Municipality : Mrs. Chandrani Bhattacharya, Mr. Supratim Bhattacharya.

JUDGMENT :

Biswanath Somadder, J.

1. Let the affidavit of service filed in Court today be taken on record.

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

3. The instant appeal arises out of a judgment and order dated 1st May, 2018, passed by a learned Single Judge in WP No. 4642 (W) of 2018, Sri Panchanan Bera vs. State of West Bengal and Others.

4. By the impugned judgment and order, the learned Single Judge proceeded to dismiss the writ petition of Sri Panchanan Bera who was appearing in-person. The appellant/writ petitioner has now preferred an appeal against the said judgment and order dated 1st May, 2018.

5. For the sake of convenience, the impugned judgment and order is reproduced herein-below in its entirety:-

“The petitioner appears in person.

The petitioner seeks age relaxation to participate in a selection process.

The municipality and the State are represented.

Learned advocate for the municipality submits that, the petitioner is guilty of suppression of material facts. There was a selection process of 2015 where the petitioner had participated. Such fact is not pleaded in the writ petition.

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