Shyamal Chandra Dolai v. State Of West Bengal And ORS.

08.09.2021 Ct. No.13 Sl. No.82 akd/pk W.P.A. 7290 of 2021 [via video conference] [Shyamal Chandra Dolai -Vs- State of West Bengal & others] Mr. P. K. Srivastav, Mr. Taraknath Jaiswal ... ... for the petitioner Mr. Wasim Ahmed, Mr. Tausif Ahmed Khan ... ... for the State.

Mr. Himadri Sikhar Chakraborty, Ms. Debdooti Dutta ... for the State.

The writ petitioner complains that the respondent no. 4 entered into a contract with him for supply of a single vehicle, which the petitioner did. The payment towards the hire of vehicle has not been made by the respondent no. 4. Violation of the contract with the petitioner is also alleged. This Court notes that the dispute is primarily civil in nature and cannot be entertained under Article 226 of the Constitution of India. However, since the writ petitioner has made representations, inter alia, dated 03.03.2021 and 12.10.2020, the respondent no. 4 may consider the same in accordance with law and dispose of within a period of 45 days from date. With the aforesaid observations, the writ petition is disposed of.

Since no affidavit in opposition has been used by the respondent, the allegations made in the writ petition against them shall not be deemed to have been admitted. There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)