Arpan Sengupta v. State Of West Bengal And ORS.

03.04.2024.

PB Sl. No.19.

WPA 6989 of 2024 Mr. Arpan Sengupta Vs The State of West Bengal & Ors.

Mr. Avra Mazumder, Ms. Alisha Das, Mr. Suman Bhowmik, Mr. Samrat Das.

... For the Petitioner.

Mr. A. Ray, Mr. T. Chakraborty, Mr. D. Sahu.

.......for the State.

Heard learned advocates appearing for the parties.

By this writ petition, petitioner has challenged the impugned order dated 15th February, 2024, canceling the registration of the petitioner, on the ground of violation of principle of natural justice by contending that the adjudicating officer without considering the petitioner's petition for adjournment and allowing the petitioner to file reply to the showcause notice in question has passed the impugned order and that the adjudicating officer has wrongly recorded that petitioner has filed the reply while no reply was filed by the petitioner and it has filed only adjournment petition.

Considering the facts and circumstances of the case and submission of the parties and in the interest of justice, the impugned order dated 15th February, 2024, is set aside with liberty to the petitioner to file reply to the show-cause notice dated 7th February, 2024, within a period of two weeks from the date and the adjudicating authority concerned shall pass a fresh order after taking into consideration such reply to the show-cause notice to be filed by the petitioner and after giving opportunity of hearing to the petitioner or his authorized representatives and shall pass a reasoned and speaking order in accordance with law, within four weeks from the date of receipt of such reply to be filed. In case of failure to file reply within the time stipulated herein, this order will not have any force and the order dated 15th February, 2024, shall stand revived.

Petitioner will be at liberty to approach the authority concerned for allowing it to file the return and the authority concerned may allow the petitioner by imposing any reasonable condition.

With this observation and direction, this writ petition being WPA 6989 of 2024 is disposed of. ( Md. Nizamuddin, J.)