Arup Chandra Mahjato & ANR v. State Of West Bengal & ORS

AD. 11.

February 8, 2021.

MNS.

W. P. A. 2518 of 2020 (Via video conference) Arup Chandra Mahato and another Vs.

The State of West Bengal and others Mr. Sajal Kanti Bhattacharyya, Mr. Sarthak Burman ... for the petitioners.

Mr. Raja Saha, Ms. Tanusri Chanda ...for the respondent-authorities.

Affidavit-of-service filed in Court today be taken on record.

The grievance of the petitioners is that, despite having applied as long as back in the year 2018, Scheduled Tribe certificates have not been issued in their favour by the respondentauthorities. Learned counsel appearing for the respondent-authorities submits that there is a dispute as to the surname of the petitioners and as to whether they belong to any scheduled tribe, which necessitated an enquiry into the matter, for which the decision with regard to the petitioners' applications for such certificate have been kept in abeyance.

However, the reason for not taking decision on the question, as urged by the respondent-authorities, cannot be a valid excuse for the inordinate delay in deciding the petitioners' applications.

Accordingly, W. P. A. 2518 of 2020 is disposed of by granting liberty to the petitioners to approach the respondent no. 4 with all relevant documents and materials in support of the petitioners' contention that they belong to scheduled tribe, within a week from date.

Upon being so approached, the respondent no. 4 shall decide on the application for the petitioners for being granted schedule tribe certificates, filed in the year 2018, and decide the same upon considering the documents and materials produced by the petitioners, at the earliest thereafter, preferably within two months from the date when the petitioners so approach the respondent no. 4.

There will be no order as to cost.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)