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2023 Supreme(Cal) 1365

ARIJIT BANERJEE, APURBA SINHA RAY
Suvendu Adhikari – Appellant
Versus
Rakesh Diasi – Respondent


Advocates Appeared:
For the Appellants : Mr. Joydip Kar, Mr. Bikram Banerjee, Mr. Sudipta Dasgupta, Mr. Arkadeb Biswas, Ms. Dipa Acharyya.
For the Respondents: Mr. Milan Bhattacharya, Mr. Balailal Sahoo, Mr. Kaustav Mishra, Mr. Raja Saha, Mr. S. P. Lahiri, Mr. Pradip Kr. Roy, Mr. Ankit Sureka, Mr. Biplab Das, Ms. Suparna Shyam, Mr. D. K. Sengupta, Ms. Sweta Saha, Mr. Uttam Kumar Bhattacharya, Mr. Surajit Samanta.

JUDGMENT :

Arijit Banerjee, J.

1. The Judgment and order dated April 8, 2022, whereby the writ petition of the respondent no. 1 herein being WPA No. 5454 of 2022, was allowed by a learned Single Judge, is sought to be challenged by the present intending appellant. An application for leave to appeal has been filed by the intending appellant being CAN 1 of 2022, since he was not a party to the writ petition.

2. When the application for leave to appeal was moved on August 26, 2022, a Coordinate Bench recorded as follows:-

    “There is strong opposition from the respondents to leave being granted to the appellant to file this appeal. Let affidavits-in opposition be filed by the respondents to the application for leave to appeal, the application for condonation of delay as also the stay petition, within four weeks from date i.e. September 23, 2022. The petitioner would be at liberty to file his replies by November 9, 2022.

List the matter under the same heading on November 11, 2022.

The affidavits that the respondents may file will be without prejudice to their contention that this appeal is not maintainable.”

3. After exchange of affidavits the parties were heard at length on several days

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