Swapan Haldar v. State Of West Bengal & ORS

13.01.2021 Item No. DL 6 Ct. No.1 AD & Saswata WPA 2998 of 2020 (via video conference) Swapan Haldar -vsThe State of West Bengal & Ors.

Mr. Debajyoti Deb ... for the petitioner Mr. Jaharlal De ... for the Block Development Officer, South 24 Parganas The grievance of the petitioner in this Public Interest Litigation is that although the State Government has sanctioned funds for compensating the victims of cyclone Bulbul, which hit certain parts of the State in 2019, 329 families in the village concerned have been left out deliberately from the list of victims. Certain allegations of corruption have been made against the 7th respondent who is the Pradhan of the concerned Panchayat.

We have heard learned counsel for the petitioner and learned counsel for the State Government. It is submitted on behalf of the BDO that a proper list of victims was prepared and objections thereto were invited. However, no objections came and, therefore, the distribution of funds was made on the basis of the list prepared.

Be that as it may, we think that this is a matter which should gain the attention of the appropriate authority. If what the petitioner's say is correct, then it will be a serious issue which will call for curative measure at the end of the State.

We direct the 2nd respondent, being the District Magistrate, South 24 Parganas, Alipore to consider the contents of the writ petition as a representation made on behalf of the petitioner and conduct requisite enquiry into the matter either himself or through his officers and arrive at a decision within six weeks from the date of a copy of this order and copy of this writ petition being made available to him by the petitioner. The decision so taken shall be communicated to the petitioner within a week from the date of the decision.

We have not gone into the merits of the case. It will be for the 2nd respondent to take an informed decision in accordance with law. Needless to say, if the 2nd respondent finds substance in the contention of the petitioner, he will issue appropriate directions for curative measures to be taken so that any illegality or wrong can be remedied.

The writ petition being WPA 2998 of 2020 is, accordingly, disposed of.

Since we have not called for any affidavits, the allegations made in the writ petition are deemed not to have been admitted.

(Thottathil B. Radhakrishnan, CJ.) (Arijit Banerjee, J.)