Laxmi Narayan Ghosh And ANR. v. State Of West Bengal And ORS.

30.01.2024 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4473 of 2023 (Specially Assigned) Sri Laxmi Narayan Ghosh & anr.

-VsThe State of West Bengal & Ors.

Mr. Tapash K. Bhattacharya Mr. Aviroop Bhattacharya ... for the petitioners Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar ... for the State Affidavit of service filed on behalf of the petitioners is taken on record.

This writ petition has been filed by the petitioners under Article 226 of the Constitution of India challenging the action/inaction of the State-respondent while shifting its office from the premises of petitioners to different place.

Mr. Tapash K. Bhattacharya, learned Advocate for the petitioners submits that the petitioners made a representation dated 28th November, 2019 before the District Registrar, Purba Bardhaman being respondent no.3 for clearing certain outstanding dues accrued during the period when the office of respondent no.3 used to run at the premises of the petitioners. However, such representation has not been disposed of as yet. Hence,

the writ petitioners are constrained to file the present writ petition seeking for proper relief. He also submits that the petitioners previously filed a title suit being T.S. No.213 of 2019 before the learned Civil Judge (Junior Division), at Kalna, District Purba Bardhaman against the action of respondent no.3 for shifting its office, however, the said suit has been withdrawn, since the said office of respondent no.3 has already been shifted.

Mr.

Chandi Charan De, learned Additional Government Pleader submits that a direction may be passed upon respondent no.3, the District Registrar, Purba Bardhaman for considering the representation of the petitioners dated 28th November, 2019 after giving opportunity of hearing to all the concerned parties, in accordance with law.

Having heard the learned Advocates for the respective parties, the respondent no.3, the District Registrar, Purba Bardhaman is directed to dispose of the representation of the petitioners dated 28th November, 2019 within a period of two months from the date of communication of this order after giving opportunity of hearing to all the concerned parties including the petitioners or their representatives by passing a reasoned order, in accordance with law.

The result of the disposal of such representation shall be communicated to the petitioners within a week thereof.

Petitioners are directed to communicate this order to the respondent no.3, the District Registrar, Purba Bardhaman.

Since no affidavit-in-opposition has been directed to be filed, the allegations made in the writ petition are deemed to be not admitted.

It is made clear that this Court has not gone into the merits of the writ petition.

With the above observations, this writ petition being W.P.A.4473 of 2023 stands disposed of.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

( Bivas Pattanayak, J.)