2024 (9) TMI 1709 - HC - Indian Laws

Seeking recall of order - HELD THAT - This Court notes with pain that the DPSC has been taking contradictory stand and has not come at the early stage before this Court to indicate that they had not formally approved the consent communicated to this Court by their counsel. Be that as it may since the orders have been passed on consent and such consent has never been given in writing or given and withdrawn this Court is inclined to recall the order dated 26th April 2024. All the review applications along with connected applications shall stand disposed of.

Summary

The Calcutta High Court, presided over by Justice Rajasekhar Mantha, addressed multiple review applications concerning an order dated April 26, 2024, involving the DPSC, Malda. The petitioner, represented by Mr. Sudipta Dasgupta and others, argued that the DPSC had not communicated their lack of consent regarding the order during its correction on April 30, 2024. Despite an appeal (MAT 994 of 2024) being dismissed on June 24, 2024, the DPSC did not assert their non-consent. Mr. Partha Sarathi Bhattacharya, representing the DPSC, contended that no written consent was provided, and any oral consent by counsel is non-binding as it contradicts the law.The Court criticized the DPSC for its contradictory stance and failure to promptly clarify their position. Due to the absence of formal written consent, the Court decided to recall the order from April 26, 2024. Consequently, all review applications and connected applications were disposed of, and the related writ petitions were directed to be placed before the appropriate bench. The Court discharged any existing rules and ordered no costs, allowing for urgent certified copies of the order upon request.