Arko Prava Bhattacharya v. State Of West Bengal And ORS.

WEDNESDAY COURT : MB-07 ITEM : AD-15 STAUTS : DO ID : 266057 AR : NANDY

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4460 OF 2022 ARKO PRAVA BHATTACHARYA VS.

THE STATE OF WEST BENGAL & ORS.

MR. DILIP KUMAR SAMANTA, ADVOCATE MR. BISWAPRIYA SAMANTA, ADVOCATE ......for the Petitioner 1.

Alleging inaction on the part of the respondents in considering the petitioner's application filed under Section 6(3) of the Right to Information Act, 2005, the present revisional application has been preferred.

2.

Mr. Samanta, learned Advocate appearing on behalf of the petitioner, submits the petitioner, by filing an application, requested the concerned authority to supply a copy of the official gazette of the Government of West Bengal vide No. 4182-LA/III/I-218-04 dated 30.12.2024, which pertains to the determination of jurisdiction under the West Bengal Premises Tenancy Act, 1997. Despite best efforts, the petitioner has been unable to trace such notification in the official gazette. However, Mr. Samanta points out that this notification has been referred to even by the State of West Bengal in various documents, and the petitioner is in urgent need of the same. The petitioner, by submitting a representation, requested the concerned respondents to furnish a copy of the said notification. However, despite receiving such representation, no steps have been taken by the respondents. This inaction has prompted the petitioner to prefer the present writ petition. 3.

Affidavit of service filed in Court today is taken on record. 4.

Despite service, the respondents are unrepresented. 5.

Having heard the learned Advocate for the petitioner and upon perusal of the materials on record, I direct respondent no.

to consider the petitioner's representation dated 18.01.2022 and to take an appropriate decision thereon.

6.

If respondent no. 4 finds that the petitioner's prayer deserves acceptance, then appropriate follow-up action shall be taken, which may include supplying a copy of the

P a g e | 2 said notification to the petitioner.

7.

If respondent no. 4 finds that the petitioner's claim is without any substance, a reasoned order shall be passed and communicated to the petitioner.

8.

The entire exercise shall be completed within eight weeks from the date of communication of a copy of this order. 9.

With these observations and order, WPA 4460 of 2022 is disposed of.

(PARTHA SARATHI CHATTERJEE, J.)