Sudarhan Banik v. State Of West Bengal And ORS.

30.01.2023 Sl. No.23(DL) srm W.P.A. No. 1032 of 2023 Sudarshan Banik

Versus

The State of West Bengal & Ors.

Mr. Gouranga Kumar Das ....for the Petitioner.

Despite service, none appears on behalf of the respondents. Affidavit-of-service is taken on record. The petitioner alleges that the money sanctioned in favour of the petitioner for construction of a dwelling unit under the Pradhan Mantri Awas Yojana (Gramin)/Bangla Abas Yojana, was disbursed to some other person. The petitioner submits that after the writ petition was filed, the Block Development Officer, Kakdwip, South 24-Parganas, intimated him over telephone that the money which was mistakenly transferred in favour of some other person had been recovered and could be disbursed to the petitioner only if the District Magistrate, South 24Parganas passes necessary orders.

In the absence of the respondents, this Court is not in a position to ascertain the correctness of the statements made by the petitioner.

Thus, this Court is of the view that the District Magistrate, South 24-Parganas must treat the writ petition as a representation of the petitioner and dispose of the same in accordance with law, upon hearing the petitioner, the Block Development Officer, Kakdwip Development Block and the Pradhan of Netaji Gram Panchayat. A reasoned order shall be passed and communicated. If any mistake is detected, the same shall be rectified and necessary remedial measures shall be taken in accordance with law.

The entire exercise shall be completed within a period of six weeks from the date of communication of this order.

This Court has not gone into the merits of the claims of the petitioner.

A copy of the writ petition along with a server copy of this order be served upon the District Magistrate, South 24-Parganas.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)