Saddam Sk v. Jakir Hasan And ORS
14.09.2023 d.p.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side R.V.W. 180 of 2022 IA No. CAN 1 of 2022 CAN 2 of 2023 In WPA 12016 of 2022 Saddam Sk.
-versus Jakir Hasan & Ors.
Mr. Nilanjan Bhattacharjee, Mr. Arpan Guha, Mr. A. Chatterjee.
...For the Applicant.
An application for review has been filed seeking review of the order passed by this Court on 13th July, 2022.
The matter relates to a public auction conducted by the Murshidabad Jiaganj Panchayat Samity.
It has been submitted by the learned advocate appearing for the review applicant that the contract of the ferry has expired in the month of June 2023. The Murshidabad Jiaganj Panchayat Samity is liable to conduct fresh auction.
The review applicant submits that he suffered huge financial loss on account of the error on the part of the government officials, especially the Block Development Officer, Murshidabad Jiaganj Block. The petitioner invested quite a considerable sum for making
the ferry ready, for renovation of the ghat, etc. The Panchayat Samity illegally and arbitrarily terminated the contract of the review applicant.
The review applicant seeks compensation on account of the losses suffered by him.
It appears that the petitioner is yet to raise any demand before the Block Development Officer seeking compensation on account of the losses suffered by him. It will be open for the review applicant to file appropriate representation before the Block Development Officer along with all records in support of his claim of suffering huge losses.
In the event such representation is filed, the same shall be considered by the Block Development Officer in accordance with law, after giving a reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order within a period of eight weeks from the date of receipt of the representation. A reasoned order shall be passed and communicated to all the parties.
The petitioner will be permitted to participate in the future auction process provided he is eligible for the same.
No further order is required to be passed in the review application. The same stands disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)