M/S. Singheswari Fishermens Co-Operative Society Ltd. And ANR v. State Of West Bengal And ORS.

March 4, 2024 ARDR (40) WPA 9049 of 2022 Singheswari Fishermen's Co-Op. Society Ltd. & anr. Vs.

The State of West Bengal & Ors.

Adv. Partha Pratim Roy, Adv. Sarbananda Sanyal, ...for the petitioners.

Adv. Chandi Charan De, Adv. Anirban Sarkar, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

Report submitted on behalf of the respondents is also taken on record.

The petitioner has primarily challenged the demand of arrear lease rent along with interest in connection with short term lease of Khakhari beel claimed by the Special Secretary to the Government of West Bengal by a letter issued on 24th January, 2022. The petitioners seek to withdraw the writ petition and take necessary steps before the authority under Section 9 of the Bengal Public Demands Recovery Act, 1913.

In view of the above, the writ petition, being WPA 9049 of 2022 is dismissed for non-prosecution. Liberty is granted to take appropriate steps before the concerned authority under Section 9 of the Act of 1913.

In the event the petitioners file necessary application before the appropriate forum within three weeks from date, the appropriate forum shall consider the application on merits without dismissing the same on the ground of limitation.

There shall however, be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)