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Calcutta High CourtWPA(P)/193/2023disposed

Jahidul Sk And ORS v. State Of West Bengal And ORS.

2023-04-25Hon'Ble T. S. Sivagnanam, Acting Chief Justice,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

AN RP 25.04.2023 Ct. No. 01 WPA (P) 193 of 2023 Jahidul Sk. & ors.

Vs.

State of West Bengal & Ors.

Mr. Saikat Chatterjee Ms. Salma Sultana Sha ... For the Petitioner

1. Leave may be granted to learned counsel for the petitioner to correct the cause title.

2. By this writ petition styled as public interest litigation, the petitioner seeks for a direction upon the respondents to relocate and shifting the Polling Station of Nutan Nagharia village from Shishu Shhikha Kendra to Madhyamik Shikha Kendra. In this regard, the petitioner has submitted a representation which according to the petitioner, signed by several residents of the locality. This representation was sent by speed post on 10.04.2023 by the petitioners and thereafter an e-mail was sent on 13.04.2023 and immediately thereafter the petitioner filed this writ petition.

3. In our considered view, reasonable time should be granted to the respondents to consider the representation and the petitioners should not have rushed to this Court without even waiting for response from the respondents. In any event, representation having been received by the authorities, it will be appropriate for the authorities to take note of the same.

4. Accordingly, we direct the 2nd respondent to consider the representation given by the petitioner dated 10.04.2023 and the representation sent by e-mail dated 13.04.2023 and pass a speaking order on merits and in accordance with law and to communicate the same to the writ petitioner. This direction shall be complied with within a period of 15 days from the date of receipt of the server copy of this order.

5. With the above observations, the writ petition stands disposed of.

(T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)