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The High Court order was passed on a writ petition filed by Sudip Saha, a resident of north Bengal, in 2006 which came up for hearing on Tuesday.
This is the second time that the High Court has directed the government to file an affidavit on the proposed Circuit Bench.
In his petition, Saha had requested the court that the Jalpaiguri Circuit Bench should not be set up until adequate infrastructure to run the establishment is constructed by the government.
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