Sukhendu Banerjee And ANR. v. State Of West Bengal And ANR.

04.08.2022 Ct. 5 D/L 9 ab WPA 17199 of 2022 Sukhendu Banerjee & Anr.

-VsThe State of West Bengal & Anr.

Mr. Sourav Prasanna Mukherjee ... for the petitioners Ms. Sweta Mukherjee, Mr. Prantick Garai ... for the State After hearing learned counsel appearing for the petitioner and the State, it appears that the petitioners' grievance is on three grounds.

First, that the authority rejected the representation of the petitioners as having been received on Sunday, which is a holiday, although the representation was received and stamped by the authority on that day. Second, the petitioners are also aggrieved by the authority not considering the documents, which the petitioners intended to rely on. Third, the other grievance of the petitioners is that two representations of the petitioners were not considered by the authority.

Learned counsel appearing for the State submits that the petitioners themselves were not in a position to

furnish those documents on the date of hearing and that the authority is willing to give a fresh hearing upon consideration of those documents.

WPA 17199 of 2022 is disposed of with a direction on the Chief Engineer, Bankura Division, Housing Directorate, to rehear the matter upon consideration of any other documents which the petitioners may produce.

The authority shall also take into consideration the other representations made by the petitioners, if any. The concerned authority shall dispose of the matter by passing a reasoned order within a period of fifteen days from the date of communication of this order. The fifteen days will be calculated from the date on which the authority receives the documents from the petitioners. A copy of the reasoned order shall be made available to the petitioners within a week from the date of passing such order.

The instructions produced by the State are taken on record.

( Moushumi Bhattacharya, J.)