Rukunuddin Molla And ORS v. State Of West Bengal And ORS.

14.06.2023 rc/ct.no.10 Item No.18 WPA No. 6238 of 2023 Rukunuddin Molla & Ors.

Versus

The State of West Bengal & Ors.

Mr. Tapan Datta Ghosh Mr. Parvej Anam ....for the petitioners Mr. Sounak Bhattacharya Mr. Sounak Mondal ...for the respondent no. 5 Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State On the prayer of the petitioners leave is granted to them to implead the District Magistrate, South 24Parganas as respondent no. 6 in the writ petition. The cause title of the writ petition be amended accordingly. Affidavit of service filed in Court today is taken on record.

The petitioners have challenged an order under Section 10(3) of the West Bengal Highways Act, 1964 (hereinafter referred to as "the Act of 1964"). The said order is amenable to appeal under Section 10(4) of the Act of 1964.

Learned counsel for the petitioners submits that an appeal under Section 10(4) of the Act of 1964 has been preferred before the learned District Magistrate, South 24Parganas and the same is pending. Learned counsel seeks a direction upon the appellate forum to dispose of the appeal at the earliest.

In view of the above, the writ petition is disposed of directing the 6th respondent to consider and dispose of the appeal pending before him under Section 10(4) of the Act of 1964 as expeditiously as the business of the forum would permit, preferably within a period of one month from the date of communication of this order. Pending disposal of the appeal no coercive steps shall be taken by the State-respondents against the petitioners in respect of the plot in question. With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)