Mirza Aziz And ORS. v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side.

----------- 27.09.

Ct. No. 04 Ab WPLRT 143 of 2022 Mirza Aziz and others Vs.

The State of West Bengal and others.

--------------- Mr. Ziaul Haque.

... for the petitioners.

Mr. Soumitra Bandyopadhyay, Mr. Subhasis Bandyopadhyay.

... for the State.

Mr. Fazle Rabi, Mr. Sk. Mustak Ali.

... for the respondent no. 6,7,9 & 10.

The orders passed in the tribunal application would reveal that the matter is unnecessarily procrastinated at the behest of the private respondents as well as the State and unfortunately till date the pleadings are not complete. The next date is fixed by the Tribunal on 25th April 2023 for hearing of the tribunal application. The matter is unnecessarily dragged on, which could have been conveniently decided at an earliest. The normal phenomenon, which we experienced in different Courts of the country, is sought to be projected and encapsulated in the Tribunal as well. The aforesaid perception is opposed to the legislative intent underlying the establishment of the Tribunal under the constitutional provisions.

Since all the parties are before us, we feel that the said tribunal application should be expedited and may be brought to its logical conclusion at an earliest. We have been informed that the respondents therein have already filed the opposition to the tribunal

application, but the matter is dragged for filing reply by the applicants therein.

We, therefore, direct the applicants to file reply to the opposition within two weeks after reopening of the Tribunal following long vacation for the year 2022. The Tribunal after being communicated with this order shall prepone the date, which shall not exceed beyond fifteen days from the date of expiry of period for filing reply by the applicants therein and endeavour shall be shown to dispose of the proceeding within two months therefrom by recording proper reasons in accordance with law.

With these observations, the writ petition is disposed of.

There shall, however, be no order as to costs. (Harish Tandon, J.) (Prasenjit Biswas, J.)