Nirmalendu Ghosh And ORS v. State Of West Bengal And ORS.

28th January, 2021.

(as) W.P.A.395 of 2021 (Via Video Conference) Nirmalendu Ghosh & Ors.

-vs- State of West Bengal & Ors.

Mr. Atarup Banerjee, Mr. Mrityunjoy Chatterjee.

...for the Petitioners.

Mr. Arindam Chattopadhyay, Mrs. Lipika Chatterjee Thakur.

...for the State.

Ms. Sarmila Das.

...for the Respondent No.10.

The initial grievance of the petitioners, prompting the present writ petition, was that a Non-Drawal Certificate was not being issued by the authorities in respect of the petitioners, thereby debarring the petitioners from getting their dues from the respondent no.3 i.e. the District Magistrate.

It appears from the submission made from the Bar that such Non-Drawal Certificate has since been issued. Learned counsel for the respondent authorities hands over a photo copy of the said certificate at the time of hearing.

Learned counsel for the petitioners submits that, in view of such issuance, the respondent no.3 may be directed to disburse the related funds in favour of the petitioners at the earliest.

However, it is seen from the averments made by the petitioners in paragraph No.8 of the writ petition itself that the District Magistrate, being the respondent no.3, played an active role and intervened in the matter so that the funds were disbursed expeditiously in favour of the petitioners. As such, any further direction on the District Magistrate would be unwarranted in the context. Accordingly, WPA 395 of 2021 is disposed of with the expectation that the respondent No.3 shall disburse the funds in terms of the Non-Drawal Certificate issued in favour of the petitioners at the earliest.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)