High CourtsSingle Bench(2015) 02 CAL CK 0105

Ranbeer Automobiles vs State of West Bengal

Calcutta High Court · Decided on 9 February 2015 · Citation: (2015) 2 CHN 312

HON’BLE JUDGES
Sambuddha Chakrabarti, J
CASE NUMBER
Writ Petition No. 33734(W) of 2014

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Judgment

2 paragraphs · 170 words

Dr. Sambuddha Chakrabarti, J—Let the affidavit-of-service filed in Court today be kept with the record. The order impugned in the writ petition has been passed by the Certificate Officer, South 24-Parganas at Alipore in Certificate Case No. 272/Misc./09-10 on November 18, 2014.

2.

Any order under the Bengal Public Demands Recovery Act, 1913 is appellable under section 51 of the said Act. Therefore, this Court declines to entertain the writ petition without the petitioner''s first availing itself of the statutory remedy. This writ petition is, therefore, disposed of without any order. Petitioner will be at liberty to file an appeal. In case such appeal is filed the petitioner will be entitled to pray for the condonation of delay and the appellate authority is to consider the same keeping in mind that the petitioner was for some time pursuing the legal remedy by way of a writ petition. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.