Tanmay Acharjee & ORS v. State Of West Bengal & ORS

WPA 5891 of 2020 with IA 1 of 2020 (CAN 4007 of 2020) 03.09.2020 COURT NO. 19 ITEM NO. 17 nandy/biswas (DISPOSED OF) (Via Video Conference) Tanmay Acharjee & Ors.

Vs.

State of West Bengal & Ors.

Mr. S.P. Pahari, Advocate ......for the Petitioners Mr. Biswabrata Basu Mullick, Advocate ......for the State Mr. Saurav Chaudhuri, Advocate ......for the WBSEDCL Mr. Sumit Kumar Panja, Advocate Mr. Sumit Ray, Advocate ......for the WBSETCL In view of the urgency the matter is taken up for hearing. The application being IA 1 of 2020 (CAN 4007 of 2020) is disposed of. This is an application under Article 226 of the Constitution of India wherein the writ-petitioners are aggrieved by an order dated February 18, 2020 passed by the District Magistrate, Purba Medinipur.

The petitioners submit that the order is erroneous and bereft of any reason.

Counsel on behalf of the respondent nos. 4 and 8 submits that Section 16(iii) of the Indian Telegraph Act, 1885 provides for an application being made against the impugned order before the District Judge.

Having heard the Counsel on behalf of both the parties, I direct the petitioners to make an application under Section 16(iii) of the said Act in accordance with law and upon receipt of such an application, the District Judge is directed to grant an opportunity of hearing to the petitioners and thereafter passed a reasoned order within a period of six weeks from the date of making of the application.

With the above observations, the writ-petition is disposed of. (Shekhar B. Saraf, J)