Palton Mazumder v. State Of West Bengal And ORS.

10.06.2024 Ct. No. 2 Sl. No. 54 tbsr WPA 13394 of 2023 Palton Mazumder Vs.

The State of West Bengal & Ors.

Mr. Saibal Acharyya Mr. Sankar Halder .....for the Petitioner Mr. Ansar Mondal Mr. Tapas Ballav Mandal ....for the State Affidavit of service filed in court today, is taken on record.

Mr. Saibal Acharyya, learned counsel appears for the petitioner. Referring to a previous order passed by the Co-ordinate Bench dated November 23, 2022, Annexure P-15 at page 48 to the writ petition submits that in terms of the direction made therein the dispute raised by the petitioner has not yet been decided by the respondent no. 4 as it appears from Annexure P-17 at page 53 to the writ petition.

Mr. Ansar Mondal, learned Additional Government Pleader appears for respondent nos. 1 to 5. Considering the submissions made on behalf of the parties and considering the materials on record the respondent no. 4 is directed to decide the dispute in strict compliance of the order dated November 23, 2022

Annexure P-15 at page 48 to the writ petition. The time stipulation shall reckon from communication of today's order to the respondent no. 4.

It is made clear that this Court has not gone into the merits of the writ petition at all.

Save and except the time stipulation as indicated herein, the rest of the order dated November 23, 2022 stands unaltered and without any modification. It is made clear that the respondent no. 4 shall carry out the direction in the manner and mode specified under the said order dated November 23, 2022. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observation and direction, this writ petition WPA 13394 of 2023 stands disposed of without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Aniruddha Roy, J.)