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2025 Supreme(Online)(Cal) 2611

CALCUTTA HIGH COURT
Partha Sarathi Sen, J
Dinabandhu Das Bairagya – Appellant
Versus
The State of West Bengal – Respondent
WPA 10533 of 2024



Advocates:
For the Appellants/Petitioners: Ms. Pampa Dey Dhabal
For the Respondents: Mr. Ayan Banerjee, Mr. Sanjay Saha, Mr. Raju Mondal

Court mandates timely disposal of appeals to prevent undue delay in legal processes.

Headnote:Statute Analysis: The court examined the procedures surrounding appeal hearings under statutory obligations. Facts of the Case: The petitioner expressed grievances regarding the delay in the disposal of an appeal (No. 25 of 2023), filed challenging a prior authority’s order.

Findings of Court:
The court determined the necessity for timely resolution of the pending appeal.

Issues: The court framed the issue as the timely disposal of the aforementioned appeal.

Ratio Decidendi: The court reasoned that expeditious handling was warranted given the existing delays and mandated completion within 60 working days.

Result: The instant writ petition being WPA 10533 of 2024 is disposed of.

Table of Content
1. court addressed delay in appeal processing. (Para 2 , 3)
2. arguments presented by all parties before the court. (Para 4 , 5)
3. court directs mandatory timelines for appeal resolution. (Para 6 , 7 , 8)
4. final order for disposal of writ petition. (Para 11)

1. The writ petitioner, the respondents/State and its instrumentalities i.e. the respondent nos. 1, 2, 4 to 9 and the respondent no. 3 are represented by their respective Counsels.

2. In the instant writ petition the grievance of the writ petitioner is long pendency of the appeal that is Appeal no. 25 of 2023 before the respondent no. 4/authority as has been preferred by the writ petitioner before him challenging the order dated 08.06.2022 as passed by the respondent no. 5/authority in connection with Misc. Case no. 7 of 2022.

3. It is submitted by Ms. Dhabal, learned Advocate appearing on behalf of the writ petitioner that though such appeal has been preferred by the writ petitioner on 14.07.2023 as on this day the said appeal is yet to be disposed of. Ms. Dhabal thus submits that it is a fit case for issuance of appropriate writ/writs commanding the respondent no. 4/authority to dispose of the appeal as pending before him within a specified date.

4. Mr. Banerjee, learned Advocate appearing on behalf of the respondents/State and its instrumentalities in his usual fairness submits before this Court that the respondent no. 4/authority may be directed to dispose of the appeal at the earliest.

5. Mr. Saha, learned Advocate appearing on behalf of the respondent no. 3, however, contended that the order as passed by the respondent no. 5/authority is justified.

6. On careful consideration of the entire materials placed before this Court and after hearing the learned Advocates for the contending parties this Court while disposing the instant writ petition directs the respondent no. 4/authority to hear out and dispose of the appeal being Appeal no. 25 of 2023 as preferred by the writ petitioner on 14.07.2022 impugning the order dated 08.06.2022 as passed in Misc. Case no. 7 of 2022 by the respondent no. 5.

7. The entire exercise that is the hearing of appeal after giving due chance of hearing to all stake holders, passing of the final order/judgment in the said appeal and communication of the said final judgment/order to the all stake holders including the writ petitioner is/are to be completed within 60 working days from the date of communication of this order.

8. The time limit as fixed by this Court is mandatory and peremptory.

9. Liberty is given to the learned Advocate for the writ petitioner to communicate the server copy of this order to the respondent no. 4/authority.

10. The respondent no. 4/authority is hereby directed to act on the basis of the server copy of this order.

11. With the aforementioned observation, the instant writ petition being WPA 10533 of 2024 is disposed of.

12. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

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