M/L 874 v. The State of West Bengal & Ors.
Case at a glance
Outcome
Dismissed
the writ petition stands dismissed
Provisions considered
- Constitution of India art. 226
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.
The petitioner seeks interest on account of delayed payment of his dues.
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.
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
The actual cause of action for filing the writ petition cannot be ascertained. In view of the above, the writ petition stands dismissed.
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
Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
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.
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
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