Aloke Kumar Bhattacharya v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction Judgment (2) Appellate Side Moumita Daily List Item No. 24 Present :

The Hon'ble Justice Aniruddha Roy WPA 17807 OF 2025 Alok Kumar Bhattacharya Vs.

Union of India & Ors.

For the Petitioner :

Mr. Syed Arif Ahmed For the Respondent :

Ms. Babita Dey Mr. Shiv Mangal Singh Heard on :

27.08.2025 Judgment on :

27.08.2025 Aniruddha Roy, J.:

1. Affidavit-of-service, filed in Court today, is taken on record.

2. Mr. Syed Arif Ahmed, learned advocate appears for the petitioner.

3. Ms. Babita Dey, learned advocate appears for the respondents.

4. The solitary grievance of the petitioner is that the representation of the petitioner dated July 22, 2025 annexure p-13 at page 50 to the writ petition has not yet been considered.

5. In view of the above, the respondent no. 4 after issuing a prior hearing notice of at least seven days to the petitioner and after granting him an

opportunity of hearing shall consider the representation of the petitioner made through its advocate dated July 22, 2025 annexure p-13 at page 50 to the writ petition by passing a reasoned order.

6. The entire exercise shall be carried out and completed by the respondent no.4, positively within a period of six weeks from the date of communication of this order. The reasoned order then shall be communicated to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed.

7. It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no. 4.

8. In the event, the reasoned decision goes in favour of the petitioner then the appropriate authority shall give an immediate effect thereto by taking all necessary and consequential steps in accordance with law, but positively within a period of four weeks from date of the said reasoned order to be passed.

9. It is also made clear that this order shall not create any right or equity in favour of the petitioner, if the petitioner does not succeed to his claim before the respondent no. 4, strictly in accordance with law. 10.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

11.

With the above observations and directions, this writ petition, WPA 17807 of 2025 stands disposed of, without any order as to costs. 12.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)