✦ Calcutta High Court

M/L 874 v. The State of West Bengal & Ors.

AMRITA SINHA

Case at a glance

Outcome

Dismissed

the writ petition stands dismissed

Provisions considered

Key paragraphs

  • Para 44. The actual cause of action for filing the writ petition cannot be ascertained. In view of the above, the writ petition stands dismissed.

Judgment

Mr. Chandan Dutta … for the Petitioner.

1.

The petitioner seeks interest on account of delayed payment of his dues.

2.

On a perusal of the writ petition, it appears that prior to approaching the Court under Article 226 of the Constitution of India, the petitioner did not approach the authority highlighting his grievances.

3.

If the petitioner is aggrieved by any action or inaction on the part of the authority, then only the writ petition will be maintainable. In the instant case, there is neither any action nor inaction on the part of the authority which prompted the petitioner to approach the Court.

Operative part

4.

The actual cause of action for filing the writ petition cannot be ascertained. In view of the above, the writ petition stands dismissed.

5.

It will, however, be open for the petitioner to approach before the competent authority with a representation indicating all facts and figures along with supporting documents. If such application is filed, the same shall be considered by the authority in accordance with law. 2

6.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

7.

Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: the writ petition stands dismissed

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

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