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Calcutta High CourtWPA/20686/2025allowed

Pampa Pal v. State Of West Bengal And ORS.

2025-09-11Hon'Ble Justice Partha Sarathi Sen4 pages

S/L 19 11.09.2025 Court. No. 19 Suvayan WPA 20686 of 2025 Pampa Pal Vs.

The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee Ms. Sangita Banerjee Ms. Sarbani Dutta ... for the petitioner.

Mr. Sk. Md. Galib Ms. Priyamvada Singh ... for the State.

Mr. Sabyasachi Mondal ...for the respondent nos. 7 & 8.

1.

The affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

2.

The writ petitioner, the respondents/State and the private respondent nos. 7 and 8 are represented by the respective Counsels.

3.

At the time of hearing Ms. Dhabal, learned Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no. 95 of the instant writ petition being a copy of the memo dated 21.07.2025 as issued by the respondent no. 4/authority indicating that in connection L.R. Appeal no. 1164 of 2024 final order will be passed on 19.09.2025 at 1.00 p.m.

4.

At this juncture, Ms. Dhabal draws attention of this Court to page nos. 107 and 108 being a copy of the letter dated 11.08.2025 as written by the writ petitioner addressed to the respondent no. 4/authority whereby

and whereunder the present writ petitioner has filed an objection in the said appeal with a prayer for impleading the writ petitioner as a party. It is submitted by Ms. Dhabal that despite filing such written objection, no date of hearing has been fixed by the respondent no. 4/authority in respect of the said written objection as filed by the writ petitioner herein and/or for hearing for considering the prayer of the writ petitioner for her impleadment in the said appeal.

5.

It is contended by Ms. Dhabal that the issuance of the memo under challenge dated 21.07.2025 clearly indicates violation of principle of natural justice on the part of the respondent no. 4/authority which is required to be interfered with by exercising writ jurisdiction of this Court.

6.

Mr. Galib, learned Senior Government Advocate appearing on behalf of the respondents/State and its instrumentalities in his usual fairness submits before this Court that the respondent no. 4/authority ought to have given an opportunity of hearing to the writ petitioner in respect of the written objection dated 11.08.2025 as filed by the writ petitioner. Mr. Galib upon instruction further submits before this Court that the said written objection is yet to be disposed of as reveals from the report dated 10.09.2025 as filed today which is taken on record.

7.

Learned Advocate appearing on behalf of the private respondents, however, opposes such contention.

8.

On careful consideration of the entire materials as placed before this Court, this Court while disposing the instant writ petition directs the respondent no. 4/authority to consider the written objection dated 11.08.2025 as filed by the writ petitioner in connection with L.R. Appeal case no. 1164 of 2024 as pending before him and shall pass a reasoned order on such written objection after giving a fair chance of hearing either to the writ petitioner and/or to her authorized representative and shall thereafter pass a reasoned order on such written objection as filed by the writ petitioner and shall forthwith communicate the same to the writ petitioner and/or her authorized representative preferably by email, if the email details of the writ petitioner and/or her authorized representative is provided to him at the time of hearing.

9.

It is further made clear that only after disposal of the written objection dated 11.08.2025 and/or the issue of impleadment of the present writ petitioner in L.R. Appeal case no. 1164 of 2024 the respondent no. 4/authority will proceed to dispose of L.R. Appeal case no. 1164 of 2024, however, the said appeal shall have to be disposed of positively by the last day of December, 2025.

10. The time limit as fixed by this Court is mandatory and peremptory.

11.

With the aforementioned observation the impugned notice dated 21.07.2025 is quashed.

12.

Liberty is given to the learned Advocate-on-Record for the writ petitioner to communicate the server copy of this order to the respondent no. 4/authority. 13.

The respondent no. 4/authority is hereby directed to act on the server copy of this order.

14.

The instant writ petition being WPA 20686 of 2025 is thus disposed of in the light of the observation made hereinabove.

15.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)