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Judgment
Affidavit of service filed in Court today be taken on record. 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.
The instant appeal arises out of an order dated 23rd June, 2017, passed by the learned Single Judge in WP 5412 (W) of 2016 with CAN 11934 of 2016 (Smt. Namita Mondal & Ors. vs. The State of West Bengal & Ors.). The appellant before us is the Chief Executive Officer, Asansol Durgapur Development Authority (ADDA).
Even a bare perusal of the impugned order reveals that it is not a final order passed in the writ petition. It only observes that no affidavit-in-opposition has been filed on behalf of the respective respondents even though directions were given by the Court on 16th December, 2016.
Essentially, it appears that the appellant is seeking an opportunity to file an affidavit before the learned Single Judge. An opportunity once given to the appellant should have been availed of or at least, a prayer for some more time could have been made. There should have been some demonstration of bona fide conduct. Sadly, it is missing in the instant case.
However, purely in the interest of justice, we grant an opportunity to the appellant herein to use an affidavit before the learned Single Judge, provided the same is filed within a fortnight from date, subject to payment of costs assessed at 50 G.Ms. to be deposited with the State Legal Services Authority, West Bengal, to be kept earmarked for its utilisation by the Mediation and Conciliation Committee of the High Court.
The appeal and the application for stay stand accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.