Musafar Hossain Gayen & ORS v. State Of West Bengal & ORS

23.02.2021.

d.p.

W.P.A. 19339 of 2019 (Via Video Conference) Musaraf Hossain Gayen & Ors.

-versus The State of West Bengal & Ors.

Ms. Priyanka Mondal, ...For the Petitioners.

Mr. Santanu Kumar Mitra, Mr. Gangaprasad Mukherjee.

...For the State.

Mr. Sounak Bhattacharya, Mr. Chandra Nath Sarkar.

...For the Respondent No.7.

Mr. Lakshminath Bhattacharya.

...For the Respondent Nos. 8 & 9.

Leave is granted to the learned advocate appearing for the respondent Nos. 8 and 9 to file vakalatnama in the department and the department is directed to accept the same.

The writ petition has been filed by some of the members of the Sreepur Gram Panchayat. The petitioners allege illegal activities in the process of floating tender. Allegation has been made against the Secretary and the Nirman Sayak of the said Gram Panchayat.

The learned advocate appearing for the State respondents submits that on receipt of the complaint, an enquiry was conducted and the Nirman Sayak was thereafter removed.

The learned advocate appearing for the respondent No. 7 that is the Pradhan of the said Gram Panchayat submits upon instruction that there is gross suppression of material facts.

It has been submitted that the petitioner No.1 filed an earlier writ petition challenging the notice inviting tender. The said writ petition being W.P. 20278 (W) of 2019 was disposed of by the Court on 5th November, 2019 directing the Block Development Officer to oversee as to whether there was any infraction in the tender process or not.

The learned advocate appearing for the Pradhan submits that a fresh tender was initiated and work order issued to the successful bidder and the work has already been completed.

Mr. Lakshminath Bhattacharya, learned advocate adopts the submission made on behalf of the State respondent.

The prayers of the writ petition speak about the malfunctioning and illegal activities of the Gram Panchayat. Neither the averments nor the submissions made in the writ petition clearly mention about the malfunctioning and the illegal activities carried on by the Gram Panchayat.

The submissions, averments and the prayers of the writ petition are absolutely vague.

Accordingly, no relief can be granted to the petitioners on the basis of the averments made in the writ petition.

The writ petition is dismissed.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)