Chabi Hansda v. State Of West Bengal And ORS.

11.04.2023 ns/pg Ct.1 WPA (P) 109 of 2023 Chabi Hansda.

Vs.

The State of West Bengal & Ors.

Mr. Sandipan Pal, Ms. Tithi Chakraborty .... for the petitioner.

Mr. Tapan Kumar Mukherjee, Ld. A.G.P., Ms. Debdooti Dutta ... for the State.

1.

By way of filing this public interest writ petition, the petitioner seeks for a direction upon the respondents to modernise a crematorium in Bagbari village under the Baitarani Scheme. The matter was brought to the notice of the Block Development Officer, Tarakeshwar Development Block, the 6th respondent and by order dated 7th April, 2022, the Block Development Officer directed the petitioner to make an application before the Panchayat Samity, namely, the 7th respondent. In compliance with the direction, the petitioner has placed an application before the 7th respondent on 18th April, 2022, which was acknowledged by the said authority.

2.

Since the application has not been considered, the petitioner has filed this writ petition, which is the second round of litigation.

3.

The learned Government counsel appearing for the State submitted that as per the scheme, the

proposal has to emanate from the Panchayat Samity and after the recommendations, the matter will be taken up by the appropriate authority of the State Government.

4.

Since an application has already been directed to be submitted by the 6th respondent to the 7th respondent, we direct the 7th respondent to consider the application and make appropriate recommendations to the concerned authority within a period of three weeks from the date of receipt of the server copy of this order. Whoever is the said competent authority shall in turn place the necessary recommendations before the appropriate authority of the Government within a period of four weeks thereafter and the appropriate authority of the Government shall take a decision in the matter in accordance with the scheme as expeditiously as possible.

5.

With the above directions, the writ petition is disposed of.

6.

There shall be no order as to costs.

7.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T. S. SIVAGNANAM) ACTING CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)