Binay Halder & ORS v. State Of West Bengal & ORS

25.11.2020 Through Video Conference Item no. 12 Dd/aloke WPA 1667 of 2020 Binay Halder & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Kishore Dutta, Ld. AG ... ...For the State The petitioners claim to belong to the fisherman community of Paglachandi in Nadia. Their grievance is that the persons in control of Paglachandi Fishermen's Cooperative Society are siphoning off funds of the Society and are using the Society only for their personal benefits. According to them, complaints and representations made by the petitioners to the authorities have been in vain. Accordingly, this public interest litigation has been filed.

Nobody has joined in on behalf of the petitioners. However, we have gone through the papers on record and the pleadings. We are of the opinion that ends of justice will be subserved if we pass the following order.

The second respondent or the third respondent, whoever the competent authority be, will consider the grievance of the petitioners as ventilated in this writ petition and shall take a reasoned decision in the matter in accordance with

law after granting an opportunity of hearing to all those who may be affected by the decision of the competent authority.

This exercise shall be completed within a period of three months from the date the petitioners making available a copy of this order along with a copy of the writ petition to the second and third respondents. The competent authority, after arriving at a decision shall take all necessary steps, if any, as he may deem fit and proper.

We have not gone into the merits of the case. The competent authority shall take an informed decision in accordance with law.

The writ petition is, thus, disposed of.

Since we have not called for any affidavit, the allegations contained in the writ petition are deemed not to be admitted by the respondents. (Thottathil B. Radhakrishnan, C.J.) (Arijit Banerjee, J.)