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Calcutta High CourtWPA/17547/2021disposed

Aktara Khatun And ORS v. The State Of West Bengal And ORS.

2021-11-23Hon'Ble Justice Shampa Sarkar2 pages

23.11.2021 Court No. 19 Item no.12 sn WPA No.17547 of 2021 AKTARA KHATUN & ORS.

VS.

THE STATE OF WEST BENGAL & ORS.

(via video conference) Mr. Mahim Sasmal ...for the Petitioners Mr. L.M. Mahata Mr. P.B. Mahata ..for the State Despite service, none appears on behalf of the respondent nos. 7&8. Let the affidavit of service be taken on record. The matter is taken up as no adverse orders are passed against the non-appearing respondents.

The petitioners have made an innocuous prayer.

The petitioners have lodged a complaint with the prescribed authority under Section 11 of the West Bengal Panchayat Act, 1973 against the respondent no.4, namely, the Sub-Divisional Officer, Chanchal-1 Development Block. The said complaint was lodged on November 2, 2021. He prays that the said complaint must be disposed in accordance with Section 11 of the West Bengal Panchayat Act, 1973. Having considered the submissions of Mr.

Mahata and the learned advocate for the petitioner, this Court is of the opinion that the writ petition may be disposed of with a direction upon the Sub-

Divisional Officer, Chanchal-1 Development Block to dispose of the complaint of the petitioners in accordance with law upon giving an adequate opportunity of hearing to the petitioners as also the respondent no.8, in case it is found that the said application is maintainable in law.

This order shall not be construed as an observation on the merits of the complaint and also on the maintainability of the complaint.

The Sub-Divisional Officer, Chanchal-I Development Block shall hear out the matter on all points and pass an order on the basis of the submissions of the respective parties, without being influenced by this order.

A reasoned order shall be passed and communicated to the parties within a period of ten weeks from the date of communication of this order. The writ petition is disposed of.

There will be, however, no order as to costs. All parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)