Habib Uddin Khan v. State Of West Bengal And ORS.
S/L 33 06.12.2021 Court. No. 19 GB WPA 13923 of 2021 Habib Uddin Khan Vs.
The State of West Bengal & Ors.
Mr. Mukteswar Maity.
... for the Petitioner.
Mr. Raja Saha, Ms. Tanushree Chanda.
... for the State.
Affidavit-of-service filed in Court today be kept with the record.
The petitioner is an elected member of the Kulpi Panchayat Samity. The petitioner is aggrieved by the nonconsideration of the complaint lodged before the District Panchayat and Rural Development Officer, Alipore, SubDivisional Officer, Diamond Harbour and Block Development Officer, Kulpi, alleging misappropriation of funds by the Pradhan, Chandipur Gram Panchayat. The Pradhan, Chandipur Gram Panchayat is not represented despite service.
However, as this Court is not passing any adverse directions against any party, the matter can be taken up in his absence.
The petitioner has already made a detailed representation before certain authorities. The Court is of the opinion that the representation of the petitioner dated August 17, 2021 must be disposed of by the Block
Development Officer, Kulpi within a period of eight weeks from date of communication of this order.
Needless to mention, that a reasoned order shall be passed upon making a thorough enquiry on the allegations made. The records and all papers relating to the financial transactions must be checked and verified. Upon granting an opportunity of hearing to the petitioner as also the respondent no.6 and any other member or person, who may be associated with the alleged financial transactions of the Chandipur Gram Panchayat, the said reasoned order shall be passed and communicated to the parties.
This Court has not gone into the merits of the claim and counter-claim of the parties and all the issues are left open to be decided by the Block Development Officer, Kulpi, independently.
This writ petition is, thus, disposed of.
There will be no order as to costs.
All parties are to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)