Md Abu Salah Musa Jahangir Molla v. State Of West Bengal And ORS.

10th June, 2025 Item no. ML 23 Court No. 14 Asraf, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 3323 of 2024 In the matter of :

MD. ABU SALEH MUSA JAHANGIR MOLLA .... Petitioner VS.

THE STATE OF WEST BENGAL & ORS.

....Respondents For the Petitioner :

Mr. Golam Mastafa Mr. Kazi Arif Iqbal ....Advocates For the Respondent / State :

Mr. Biswabrata Basu Mallick, AGP Mr. Biman Halder ....Advocates For the Private Respondent :

Mr. Arunava Ganguly ....Advocate 1.

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

2.

The petitioner's application before the Joint Secretary, Law Department praying for cancellation of the appointment of the private respondent in the post of temporary Muslim Marriage Registrar and Kazi on the allegation that the private respondent is not the resident of Narayanpur police station is pending consideration.

3.

Learned advocate for the petitioner asserts that the private respondent was not the resident of Narayanpur police station in terms of the advertisement published on 16th December, 2019. 4.

Learned advocate representing the private respondent denies the aforesaid submission. It has been submitted that the private respondent is the resident of Narayanpur police station.

5.

Without entering into the allegation and counter allegation of the parties, as it appears that the application of the petitioner is pending consideration before the Secretary, Law Department, the instant writ petition is disposed of by directing the Secretary, Law Department to consider the representation of the petitioner dated 20th December, 2023 in terms of the advertisement dated 16th December, 2019 at the earliest but positively within a period of eight weeks from the date of communication of this order.

6.

reasoned order shall be passed and communicated to the parties.

7.

An opportunity of hearing shall be given to both the parties to support their respective stand with regard to the residential address.

8.

In the event the aforesaid respondent comes to a conclusive opinion that the appointment was not

made in accordance with the advertisement, then necessary consequential steps shall be taken. 9.

The writ petition stands disposed of.

10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all requisite formalities.

( Amrita Sinha, J. )