Nikunja Behare Paul And ANR. v. State Of West Bengal And ORS.

16-09-2025 Item No.32 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.15255 of 2025 Nikunja Behari Paul & Anr.

-vsThe State of West Bengal & Ors.

Mr. Yashraj Roy ...for the petitioners Mr. Biswabrata Basu Mallick, AGP Mr. Sayan Ganguly ...for the State Mr. Kushal Paul Ms. S. Chowdhury Bandhu ...for respondents 5 &6 1.

The petitioners'

representation seeking cancellation of the licence issued in favour of the private respondents under the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 and the corresponding rules is pending consideration at the end of the respondent authority.

2.

Learned counsel representing the private respondents submits that there is a family dispute in between the Directors of the medical institution.

3.

Learned counsel for the State has obtained instruction placed before this Court wherefrom it appears that the issue was taken up for consideration by the authority, but the final order is yet to be passed. One of the partners of the nursing home sought for some time to resolve the issue.

4.

Be that as it may, as the final order has not been

passed by the Chief Medical Officer of Health, accordingly, the instant writ petition is disposed of by directing the Chief Medical Officer of Health & Licensing Authority of the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act & Rules, 2017, Uttar Dinajpur to pass final order in the matter in accordance with law at the earliest, but positively within a period of twelve weeks from the date of communication of this order.

5.

The parties shall be provided opportunity to rely upon all documents in support of their respective stand.

6.

Instruction filed by the learned advocate representing the State respondents be taken on record.

7.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

8.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]