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Calcutta High CourtWPA/22215/2022dismissed

Snehasish Samanta v. Union Of India And ORS.

2022-12-05Hon'Ble Justice Lapita Banerji3 pages

06.

05.12.2022 S.D.

W.P.A. 22215 of 2022 Mr. Snehasish Samanta Vs.

The Union of India & Ors.

Ms. Sanjukta Samanta ..For the Petitioner The petitioner's grievance is that his land has been illegally occupied by the private respondent no. 7 since 1994. The said respondent no. 7 is an employee of the postal department. She is a Branch Post Master, Indian Post, Government of India. Furthermore, she has been forcing local people to invest in chit funds in the name of Indian Post. The grievance of the petitioner is that despite complaints being filed against private respondent nos. 7 and 8 on December 18 and September 6, 2022, no action has been taken by the Indian Post.

Ms. Samanta, learned counsel appearing on behalf of the writ petitioner files a supplementary affidavit annexing FIRs dated October 30, 2022 and November 21, 2022. Both the FIRs have been filed after the filing of the writ petition. Despite service, no one appears for the respondent authorities today.

The supplementary affidavit and the affidavit of service are retained with the records.

Having considered the submissions of the learned advocate appearing on behalf of the petitioner and the materials placed on record, this Court finds that the dispute is in the nature of private dispute between the petitioner and the respondent nos. 7 and 8. The petitioner is praying for initiation of disciplinary proceeding by the employer against the purported delinquent employees. Furthermore, the petitioner also has complained of fraud committed by the private respondent nos. 7 and 8 in the present writ petition. No legal right of the petitioner is violated by the State Respondents.

This Court finds that an application under Article 226 of the Constitution of India is not the appropriate forum for agitation of the writ petitioner's grievances. In the light of the discussions above, the writ petition being W.P.A. 22215 of 2012 is dismissed without any order as to costs.

Needless to mention that the petitioner will be at liberty to approach the appropriate forum, if so advised. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities.

(Lapita Banerji, J.)