Habib Uddin Khan v. State Of West Bengal And ORS.

10.11.2021 Sl. No.21 srm W.P.A. No. 14476 of 2021 Habib Uddin Khan Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity ...for the Petitioner.

Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata ...for the State-respondents.

Despite service none appears on behalf of the respondent No.8. Affidavit of service is taken on record. The allegation in this writ petition is that the Pradhan of Chandipur Gram Panchayat, District-24-Parganas (South) in collusion and connivance with her husband has misappropriated the funds allotted to the concerned Gram Panchayat for developmental work. The petitioner is an elected member of the Kulpi Panchayat Samity and is residing within the said Gram Panchayat.

Records reveal that several complaints have been made before the authorities. One such complaint is before the District Magistrate, South 24-Parganas dated September 2, 2021. As the allegations are serious in nature, this Court is of the opinion that the office of the District Magistrate should

probe into the matter and take steps under the law, if the allegations are found to be correct.

This writ petition is disposed of with a direction upon the District Magistrate to dispose of the representation of the petitioner dated September 2, 2021 by making appropriate enquiry as may be required under the situation. During such enquiry, the petitioner as also the Pradhan shall be heard. The enquiry report shall be supplied to the parties. The parties shall be at liberty to make their submissions and submit documents in favour of their contentions. A reasoned order shall be passed and communicated to all concerned. On the basis of what transpires at the hearing, steps shall be taken. The entire exercise shall be completed within a period of three months from the date of communication of this order. This Court has not gone into the merits of the claims and counter-claims of the parties and the entire matter shall be looked into by the District Magistrate.

A copy of the writ petition containing the representation shall be served upon the District Magistrate by the petitioner along with a server copy of this order.

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.)