Partha Dan And Another v. State Of West Bengal And ORS.

12.12.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 6005 of 2022 Mr. Partha Dan & Anr.

-versus The State of West Bengal & Ors.

Mr. M.P. Gupta, Mr. D.K. Saila.

...For the Petitioners.

Mr. Jahar Lal De, Mr. Supratim Dhar.

...For the State.

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

None appears on behalf of the Municipality and the private respondents in spite of service.

The petitioners submit that the Bankura Municipality erroneously relied upon documents for renewing the certificate of enlistment in favour of the private respondents.

The documents allegedly relied upon by the private respondents have been set aside by the Court in Title Suit No. 11 of 1958.

The petitioners, through their learned advocate, filed representation before the Municipality in February 2022 and allege that the same has not been taken up for consideration till date.

As it appears that the representation filed on behalf of the petitioners is pending consideration at the end of the Municipality, accordingly, the instant writ petition is disposed of by directing the competent officer of the Bankura Municipality to consider and dispose of the said representation dated 22nd February, 2022 strictly in accordance with law, after giving a reasonable opportunity of hearing to all the necessary parties. The aforesaid respondent shall pass a reasoned order and communicate the same to the parties. A decision shall be taken in the matter positively within a period of twelve weeks from the date of communication of a copy of this order.

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

The Learned advocate appearing for the petitioners is directed to forward a copy of the representation dated 22nd February, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)