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Calcutta High CourtWPA/956/2023disposed

Manoj Pandit v. The State Of West Bengal And ORS.

2023-01-24Hon'Ble Justice Suvra Ghosh2 pages

24.01.2023 24.01.2023 Ct. No.10 b.das W.P.A. 956 of 2023 Manoj Pandit Vs.

State of W. B. & Ors.

Mr. Allen Felix ...for the petitioner.

Mr. Supratim Dhar ... for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the petitioner was charged with a fine of Rs.16,500/- for plying his vehicle without valid documents and he deposited the said amount through e-challan. Since the transaction was shown as pending, the petitioner subsequently paid the said amount to the concerned authority in cash. The petitioner submitted a representation before the authority for refund of the amount deposited through echallan since double payment of the fine was made by the petitioner. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner within two weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law.

In the event the petitioner is found entitled to refund of the amount, the amount be refunded to the petitioner within a week thereof.

With the above observations and directions this writ petition being WPA 956 of 2023 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)