Duryodhan Swain v. State Of West Bengal And ORS.
29.09.2021 jb.
W.P.A. 13714 of 2021 (Duryodhan Swain vs. State of West Bengal & Ors.) Mr. Rananeesh Guhathakurta .... For the Petitioner Mr. Susovan Sengupta Mr. Bipin Ghosh .... For the Respondent No. 2 Mr. P. K. Bhattacharyya .... For the State The prayers of the petitioner in the writ petition are as follows:
"A) A writ of and/or in the nature of Mandamus do issue commanding the Respondents and each of them concerned more particularly 2nd Respondent (Their Men, agents, subordinates and successors-in-office) to issue an appropriate certificate u/s 8 of the Act, 1972 within a fixed time-frame.
B) A writ of and/or in the nature of Mandamus do issue commanding the Respondents and each of them concerned more particularly 3rd Respondent (their men, agents, subordinates and successors-in-office) to execute the certificate u/s 8 of the Act, 1972 within a fixed time-frame;"
It is submitted on behalf the petitioner that prayer A of the writ petition
has become redundant as the appropriate certificate under Section 8 of the Act of 1972 has been issued during pendency of the writ petition. The certificate case has been initiated and the second prayer of the writ petition is for execution of the certificate within a specified period of time.
It is conceded by the respondents that certificate case has been initiated.
In view of the submissions made on behalf of the parties, the writ petition is disposed of with a direction upon respondent No. 3 to dispose of the certificate case under Section 8 of 1972 Act within a period three months from the date communication of this order, in accordance with law.
The writ petition being W.P.A. 13714 of 2021 is thus disposed of.
There shall be no order as to costs.
Since no affidavit has been filed, all allegations contained in the writ petition shall be deemed not to have been admitted.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance requisite formalities.
(Suvra Ghosh, J.)