Mahitosh Giri v. State Of West Bengal And ORS.

D/L 28 17.03.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18871 of 2023 Mahitosh Giri Vs.

The State of West Bengal & Ors.

Mr. D.Banerjee Mr. S. Shasmal ...for the Petitioner.

Mr. Shamim-ul-Bari Ms. Priyanka Jana ...for the State.

Mr. Arijit Chatterjee Ms. Susmita Mukherjee ...for the Respondent nos. 11 &12.

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

2. The complaint lodged by the petitioner before the District Magistrate, South 24 Parganas alleging non maintenance of the mobile tower by the service provider is pending consideration.

3. Learned advocate representing the respondent nos. 11 & 12 being the service provider submits that, there is a counter claim against the petitioner.

4. Be that as it may, as it appears that, a representation is pending consideration before the District Magistrate with regard to non maintenance of the mobile tower, accordingly, the instant writ petition is disposed of by directing the District Magistrate, South 24 Parganas to consider the representation dated 25th April, 2023 filed by the petitioner in accordance with law after giving

reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest but positively within a period of twelve weeks from the date of communication of this order.

5. The aforesaid respondent shall communicate the reasoned order to all the parties immediately thereafter.

6. Learned advocate representing the petitioner is directed to forward the representation dated 25th April, 2023 to the aforesaid respondent at the time of communicating the order of this Court.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)