Ramendra Nath Bain v. State & ORS.

S/L 23 12.08.2024 Court. No. 551 Suvayan WPA 18251 of 2012 Sri Ramendra Nath Bain Vs.

The State of West Bengal & Ors.

Mr. Achyut Basu Ms. Punam Basu Mr. Rupchand Chakraborty Mr. Srikumar Chakraborty Ms. Pritha Biswas ...for the petitioner.

Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar ...for the State/respondents.

1.

The affidavit-of-service as filed by the learned Advocate for the petitioner be taken on record. 2.

By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ directing the respondents/authorities to record the name of the writ petitioner in respect of Plot No. B-2/282 at Kalyani Township, District - Nadia.

3.

On perusal of the petition under consideration and after hearing the learned Advocates for the contending parties it appears that it is the grievance of the writ petitioner that his payer for recording the name in respect of Plot No. B-2/282 at Kalyani Township was not considered by the respondent No. 2 that is the Estate Manager which has been strongly disputed on behalf of the respondents.

4.

In considered view of this Court that this writ petition can be disposed of by directing the respondent

No. 2 to treat the instant writ petition as a representation of the writ petitioner.

5.

In doing so and while disposing of the instant writ petition this Court thus directs the respondent No. 2, The Estate Manager, Kalyani to consider a copy of the writ petition along with its all annexures as a representation of the writ petitioner along with the copy of this order and thereafter shall pass a reasoned order after giving an opportunity of hearing both to the writ petitioner and the respondent No. 3 and/or their learned Advocates. 6.

The writ petitioner is directed to serve a copy of the instant writ petition along with all annexures and a server copy of this order upon the respondent No. 2 by speed post within a fortnight from today. The respondent No. 2 shall thereafter serve notice upon the writ petitioner and the respondent No. 3 fixing a date of hearing and thereafter shall pass the said reasoned order after giving adequate opportunity of hearing to the writ petitioner as well as to the respondent No. 3 and/or their learned Advocates within a month thereafter and the same shall have to be communicated to the parties either by email or by speed post within seven days from the date of passing of the said reasoned order.

7.

Liberty is given to the petitioner as well as the respondent No. 3 to furnish their email details to the respondent No. 2 on or before the date of hearing. 8.

With the aforementioned observation, the instant writ petition being WPA 18251 of 2012 is disposed of.

9.

It is, however, made clear that since this writ petition has been disposed of without calling for any affidavits it will be presumed that the allegation as made out in the writ petition has not been admitted by the State/respondents.

10.

The respondent No. 2 is directed to act on the server copy of this order duly downloaded from the official website of this Court.

11.

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.)