Champak Pramanik & ORS v. State Of West Bengal & ORS

Court No. 24 W.P.A 3933 of 2020 12.03.2021 (Item No. 13) Champak Pramanik & Ors.

vs The State of West Bengal & Ors.

(AB) Ms. Sreetama Neogi Ms. Ankita Dey ...... for the petitioners None appears on behalf of the respondents despite service. Affidavit of service filed in Court is taken on record.

The petitioners allege that a plan has been sanctioned in favour of the private respondents by the English Bazar Municipality upon misrepresentation and fraud.

The petitioners through their learned advocate have filed representation before the Board of Councillors of the English Bazar Municipality by a letter dated 17th July, 2019. The petitioners allege that the same has not been considered by the respondent authority till date.

The writ petition is accordingly disposed of by directing the English Bazar Municipality being the respondent No.

herein to take steps for consideration of the representation of the petitioners, strictly in accordance with the provisions of Sections 217 and 218 of the West Bengal Municipal Act, 1993, after giving an opportunity of hearing to all the necessary parties, at the earliest, but positively within

a period of five months from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to all the parties immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim of the petitioners and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioners.

The petitioners are directed to forward a copy of the representation dated 17th July, 2019 to the respondent authority at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J.)