Bipad Taran Saha v. State Of West Bengal And ORS.

09.03.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 607 of 2021 Bipad Taran Saha Vs.

The State of West Bengal & Ors.

Mr. Krishnendu Sarkar, Mr. Abhijit Mandal ... For the petitioner.

Mr. Jaytosh Majumdar, Ld. G.P., Mr. Raja Saha, Mr. B. B. Basu Mallick ... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioner's only grievance ventilated in the instant writ petition is that the statutory appeal under section 8(3) of Bengal Excise Act, 1909 (hereinafter referred to as the said Act) filed on 26th April, 2019, still remains unadjudicated.

After hearing the parties and considering the materials on record, it appears that the writ petition can be disposed of by directing the Appellate Authority, under the provisions of section 8(3) of the said Act, before whom the petitioner's appeal filed on 26th April, 2019 is said to be pending, to decide such appeal in accordance with law after affording the petitioner a reasonable opportunity of hearing and by complying with the principles of natural justice. The

Appellate Authority shall dispose of the appeal by a reasoned order within 15th May, 2021, and communicate the order to be passed in the appeal immediately on the same be pronounced but not later than seven days from the date of passing of such order.

Nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

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

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Arindam Mukherjee, J.)