Sasanka Sahoo And ORS. v. The State Of West Bengal And ORS.

N.22Sl WPA 19747 of 2025 151/CL Sasanka Sahoo & Ors.

22.01.26 v.

The State of West Bengal & Ors.

Sl-760 Ct.551 (S.R.) Mr. Rejaul Alam Mr. Sabir Sabud ... for the petitioners.

Mr. Sk. Md. Galib Ms. Sujata Mukherjee ... for the State.

Mrs. Nadira Abadin Mr. M.A. Samad ... for the respondent no.10.

1. This writ petition alleges inaction on the part of the respondents not implementing an order dated April 8, 2025 passed by the Sub-divisional Magistrate, Tamluk, Purba Medinipur.

2. It is submitted by the learned advocate appearing for the petitioners that despite an order dated April 8, 2025 having been passed by the Sub-divisional Magistrate, Tamluk no step has been taken by the respondents to implement the said order. It is further submitted that the said order was passed upon an earlier order dated November 7, 2024 being passed in WPA 25938 of 2024 filed by the writ petitioners.

3. It is submitted that the order dated November 7, 2024 passed in WPA 25938 of 2024 was carried in appeal before the Hon'ble Division Bench but the

said appeal was dismissed. Paragraph 3 of the appellate order records that on the date when the appeal was disposed of, the order dated April 8, 2025 was yet to be challenged.

4. Learned advocate appearing for the State respondents hands up to Court a copy of the instruction dated September 10, 2025 forwarded to him by the Sub-divisional Officer, Tamluk, Purba Medinipur and submits that the private respondents have preferred an appeal against the order dated April 8, 2025 on May 8, 2025 before the Collector, Purba Medinipur.

5. Learned advocate appearing for the private respondents submits that such appeal was filed on May 5, 2025.

6. Heard learned advocates appearing for the respective parties and considered the materials on record.

7. It is evident that the factum of filing of appeal was not brought to the notice of the Hon'ble Division Bench on the date when the order dated July 2, 2025 was passed.

8. Since an appeal against the order dated April 8, 2025 has been filed before the Collector, Purba Medinipur, the said authority shall decide such appeal as expeditiously as possible. However the said appellate authority (Collector, Purba

Medinipur) shall hear the petitioners before taking any decision on the appeal.

9. The petitioners shall also be at liberty to approach the Collector, Purba Medinipur and pray for expeditious disposal of the appeal.

10.

Since it has been submitted that no copy of the appeal has been served upon the petitioners, the learned Advocate appearing for the Private Respondents is requested to make over a copy of the appeal filed by his client to the learned Advocate for the petitioners.

11.

Needless to mention that the Collector, Purba Medinipur shall decide the appeal filed before the said appellate authority strictly, in accordance with law.

12.

It is made clear that this Court has not gone into the merits of the case and all points are left open to be urged and be decided by said appellate authority, in accordance with law.

13.

With the aforesaid observations, WPA 19747 of 2025 stands disposed of. No costs.

14.

Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.

(Om Narayan Rai, J.)