Ajibar Seikh And ORS v. State Of West Bengal And ORS.

22.02.2024 PG/KS Ct. No.1 W.P.A.(P) 55 of 2024 Ajibar Seikh & Ors.

Versus

The State of West Bengal & Ors.

Ms. Rita Patra Ms. Pusmita Das................for the petitioners Mr. Nayeemuddin Munshi Mr. Himadri Roy Mr. Sk. Aptabuddin Mr. Nabeela Akbar..........for the respondent no. 6 Mr. Deepnath Roy Chowdhury Ms. Manali Ali...................for the State

1. This writ petition, filed as a public interest litigation, alleges certain illegalities in implementation of a Government scheme called "Amar Souchagar Scheme 2023-2024."

2. It appears that pursuant to the representation given, the Block Development Officer has already commenced an inquiry and the matter is in progress.

3. The learned advocate appearing for the 6th respondent would contend that the writ petition is not a bona fide and genuine public interest litigation but it is motivated for certain personal reasons to wreck vengeance against the 6th respondent.

4. It is submitted that the 1st writ petitioner viz. Ajibar Sheikh was the erstwhile contractor, who has been

blacklisted and this fact has not been mentioned in the writ petition.

5. We have perused the writ petition and we find that the petitioners have represented themselves as the villagers of the gram panchayat and nothing more.

6. Learned advocate for the 6th respondent would further submit that on facts, the petition is incorrect as more than 260 toilets have already been constructed.

7. Be that as it may, since already the Block Development Officer is seised of the matter, question of issuing any direction in this petition at the behest of a blacklisted contractor does not arise.

8. It is open to the Block Development Officer to proceed with the inquiry and conclude the same in accordance with law.

9. With the aforesaid observations, the writ petition is disposed of.

10.No costs.

11.Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)