STATE OF WEST BENGAL Vs. SHAGUFTA ARA

JUDGEMENT

(1.) Both the above appeals are disposed of by this common order and judgement as the subject-matter is one and the same. In M.A.T. 1622 of 2023, there is a delay of 399 days in filing the appeal. The prayer for condonation of delay is vehemently opposed by the respondent/writ petitioner and an affidavit-in-opposition has also been filed stating that sufficient cause has not been shown for condoning the inordinate delay. However, we find that the appellant has also filed another appeal being, F.M.A. 902 of 2023 challenging a subsequent order passed by the learned Single Bench dtd. 9/8/2023 in W.P.A. 17831 of 2023 filed by the very same writ petitioner, which is a fall out of the direction issued in W.P.A. 2790 of 2022 dtd. 15/6/2022. Thus, in order to avoid any technical objection, the State has filed M.A.T. 1622 of 2023 and requested the matter to be heard along with F.M.A. 902 of 2023.

(2.) Thus, for such technical reason, the delay has occurred and therefore, we exercise discretion and condone the delay in filing the appeal.

(3.) Accordingly, CAN 2 of 2023 in M.A.T. 1622 of 2023 is disposed of.