Jyotshna Bhattacharya And ANR. v. State Of West Bengal And ORS.

19.06.2024 Ct. No. 2 Sl. No. 27 tbsr WPA 18138 of 2022 Jyotshna Bhattacharya & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman Ms. Maria Rahaman ....for the petitioners Mr. Rajarshi Basu Mr. K. M. Hossain ....for the State respondents Mr. Palash Bapari ....for the respondent nos. 6 & 7 Through this writ petition, the petitioners principally pray for implementation of an order dated January 6, 2020 passed by a Co-ordinate Bench in the previous writ petition being old WP No. 12638(W) of 2019 as would be evident from prayer (a) of the writ petition.

While this writ petition was taken up for consideration by a Co-ordinate Bench on May 2, 2023, specific direction was made to consider the issue by the jurisdictional Block Development Officer, the respondent no. 4, herein and to file final report.

In compliance of the said direction, the respondent no. 4 has filed its detailed report dated June 8, 2023 prepared by him under his seal and signature

with some documents appended thereto, the same has been taken on record on June 10, 2024.

Today, when the writ petition was taken up for consideration, Mr. Mohinoor Rahaman, learned counsel appearing for the petitioners submits the alleged infirmity appearing on the face of the said report. Mr. Palash Bapari, learned counsel appears for the respondent nos. 6 & 7.

Mr. Rajarshi Basu, learned State counsel appears for respondent nos. 1to 4.

Considering the submissions made on behalf of the parties and considering the materials on record, this Court is of the firm opinion that, the scope of the writ petition and the reliefs claimed thereunder, the report taken on record prepared by the respondent no. 4, as referred to above, cannot be questioned in this writ petition neither this Court can go into it.

The reliefs claimed in this writ petition already stands satisfied with the submission of the said report. No further order can be passed in this writ petition.

However, if the writ petitioner no. 2 is aggrieved as, the writ petitioner no. 1 has already died, as would be evident from the said order dated May 2, 2023, the writ petitioner no. 2 shall be at liberty to take appropriate steps in accordance with law.

With the above observations, this writ petition, WPA 18138 of 2022 stands disposed of, without any order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)