Nandan Dalai And ORS v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 12 15.01.2025 Sc Ct. no.2 WPA 541 OF 2025 -------------- Nandan Dalai & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Kaustav Chandra Das Mr. Sk. Sahajahan Ali.

.... For the Petitioners Mr. Nilotpal Chatterjee Ms. Sanchayita De.

.... For the Respondent Nos. 1 to 9 Mr. Rabilal Maitra Mr. Amlan Kumar Mukherjee Mr. Rajit Lal Maitra.

.... For the Respondent Nos.10 & 11 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Kaustav Chandra Das, learned Advocate appears for the petitioners.

Mr. Rabilal Maitra, learned Senior Advocate appears for the private respondent nos. 10 and 11. Mr. Nilotpal Chatterjee, learned State Advocate appears for the respondent nos. 1 to 9.

Referring to page 172 from the writ petition learned Advocate for the petitioner submits that, the principal grievance in this writ petition is that, the appeal preferred under sub-Section (4) to Section 10 of the West Bengal Highways Act, 1964 is long

pending before the jurisdictional appellate authority and the petitioners pray for an expeditious disposal thereof.

In view of the above, the jurisdictional appellate authority, before whom the appeal is pending, shall dispose of the appeal after granting an opportunity of hearing to the parties thereto by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the jurisdictional appellate authority positively within a period of six weeks from the date of communication of this order.

All the parties before this Court today shall be at liberty to communicate this order to the jurisdictional appellate authority.

It is made clear that, this Court has not gone into the merits of the appeal and the parties to the appeal shall be free to urge whatever points they wish to urge by relying upon whatever records and documents they want to reply upon before the jurisdictional appellate authority but the same shall not travel beyond the scope of the appeal.

It is needless to mention that, after the reasoned order is passed, the parties shall be at liberty to provide with the reasoned order positively within a period of a week from the date of the said reasoned order to be passed in accordance with law.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 541 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)