104 12.09.18 Ct No. 2 W.P. 5478 (W) of 2018 Ranjit Kumar Keshri & Ors. State of West Bengal & Ors.
-------- Mr. D. Saha Roy, Mr. Pingal Bhattacharyya. for the petitioners. Mr. Susovan Sengupta, Mr. Subir Pal. for the State respondents. A point was taken in the instant writ petition that the application filed under the Control Order, 2003 automatically lapsed after repeal by Control Order, 2013 and in absence of any saving provisions incorporated in the later enactment, no right is protected under the new enactment. Argument was advanced on the aforesaid point and today it has been pointed that subsequently the Control Order, 2013 was further amended by notification dated 30th October, 2015 duly published in the Extraordinary Gazette on November 04, 2015 incorporating the repeal and saving clause by deleting the original. This Court feels that the matter requires detail scrutiny and the impact of the right so claimed under the repealed Control Order and, therefore, directs the parties to exchange their respective affidavits. It is submitted by the petitioners that pending consideration, the authorities have proceeded to notify the vacancy and if the vacancy is filled up, the instant writ petition would virtually become infructuous or there would be a creation of third party interest, which would make the writ petition more complex. Since this Court finds that the aforesaid point cannot be thrown at the nascent stage because of the subsequent insertion of repeal and saving clause by way 2of amendment, the petitioners are entitled to interim protection. Accordingly, this Court restrains the respondent authorities from proceeding any further on the basis of the publication notifying the vacancy or from notifying the fresh vacancy of M.R. Dealer in English Bazar, Malda till the end of November, 2018 or until further order/orders of this Court, whichever is earlier. Let the affidavit-in-opposition be filed by 10th October, 2018; reply thereto, if any, be filed by 12th October, 2018. Let the matter appear on 14th November, 2018 in the supplementary list under the heading For Orders for final disposal. (HARISH TANDON, J.)