Milan Sk v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

15.03.2022 CONSTITUTIONAL WRIT JURISDICTION Court No. 23 APPELLATE SIDE d.g.

WPA 4053 of 2022 Milan Sk.

Vs.

State of West Bengal & Ors.

Mr. Tarunjyoti Tewari, Mr. Aniruddha Tewari.

... for the petitioner Mr. Biswabrata Basu Mallick, Mr. Sayan Ganguly.

... for the State Affidavit-of-service filed in Court today is taken on record.

The petitioner was engaged as Civic Police Volunteer in Murutia Police Station, District Nadia. The petitioner says that without assigning any reason the petitioner was all on a sudden demobilized. The petitioner, however, does not mention the date on which the petitioner was demobilized in the writ petition. The petitioner says that he has made a representation before the superior officers and his representation should be considered and disposed of after affording a reasonable opportunity to represent thereof.

Mr. Biswabrata Basu Mallick, learned Government Pleader assisted by Sayan Ganguly, learned Advocate appears for the State and submits that the instant case as in WPA 4050 of 2022 is identical to this case.

After hearing the petitioner, I do not find any reason to adjourn this matter the learned advocates Biswabrata Basu Mallick and Sayan Ganguly is treated to have been engaged in this matter.

On behalf of State, an instruction received by the learned Government Pleader from the officer-in-charge Murutia Police Station, District Nadia is placed before this Court which is taken on record.

It appears therefrom that the petitioner was demobilized on 13th July, 2014. The petitioner has not been able to show that the date of demobilization as claimed by the State respondents is incorrect. The writ petition was filed on 4th March, 2022. Long delay in approaching the Court after accrual of cause of action, if any disentitles the petitioner from any relief. If the representation of the petitioner is directed to be considered at a belated stage a stale claim may be made alive which is against the settled principles of law. The writ petition, therefor, warrants no consideration, the same is accordingly dismissed without any order as to costs.

(Arindam Mukherjee, J.)