Calcutta High Court
FMA/979/2022 of GOLAK SARKAR Vs STATE OF WEST BENGAL AND ORS. on 8 September 2026
2026 (D/L No.07) Ct. No.4 (SKB) F.M.A. 979 of 2022 With CAN 1 of 2022 CAN 3 of 2026 Golak Sarkar Versus State of West Bengal and others Mr. Bratindra Narayan Ray, Ms. Shetparna Ray … for the appellant. Mrs. Chandreyi Alam, ld. AGP, Ms. Runu Mukherjee … for the State. Re: CAN
8th September, 2026
(D/L No.07)
Ct. No.4
(SKB)
F.M.A. 979 of 2022
With
CAN 1 of 2022
CAN 3 of 2026
Golak Sarkar
Versus
State of West Bengal and others
Mr. Bratindra Narayan Ray,
Ms. Shetparna Ray
… for the appellant.
Mrs. Chandreyi Alam, ld. AGP,
Ms. Runu Mukherjee
… for the State.
Re: CAN 3 of 2026
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1. The application is wrongly appeared in the list as it has already been disposed of on 18.08.2026.
Re: F.M.A. 979 of 2022
2. The instant appeal is directed against an order dated 6th January, 2020 passed in a writ petition being W.P. No.19666(W) of 2011 whereby and whereunder the Hon’ble Single Judge was of the opinion that the issue involved in the writ petition relates to the subject matter, which is pending before the Hon’ble Special Bench; and, accordingly, the matter was directed to be placed before the Hon’ble Special Bench for appropriate decision.
3. The judgment of the Special Bench dated 7th February, 2024 passed in APO 343 of 2013
2 along with other cases has been produced by the learned advocate for the appellant wherefrom it appears that the aforesaid writ application was not placed before the Hon’ble Special Bench for consideration.
4. As the Special Bench answered the references, we are of the opinion that the writ application be heard on its own merit on the basis of the decision rendered by the Hon’ble Special Bench.
5. Accordingly, we direct that the writ petition be placed before the Bench having determination for consideration of the same afresh in accordance with law.
6. Liberty is granted to the petitioner to mention the matter before the appropriate Bench for enlistment of the same.
7. The appeal is, thus, disposed of.
8. Accordingly, the application being CAN 1 of 2022 is also disposed of.
(Madhuresh Prasad, J.)
(Partha Pratim Roy, J.)