Saraswati Naiya v. State Of West Bengal And ORS.

14.01.2025 Sl. No. M/L 17 g.b.

Court No.10 265717 WPA 22554 of 2024 Saraswati Naiya -Vs- The State of West Bengal & Ors.

Mr. Tarunjyoti Tewari Mr. Bikramjit Dutta Ms. Kausiki Bose ......For the Petitioner Mr. Avirup Mondal Ms. Moumita Karmakar .....For the State The grievance of the petitioner is directed against the inaction and failure of the State allegedly to act in accordance with law.

It is submitted on behalf of the petitioner that despite a clear statutory mandate the respondent authorities have failed to take any step for formation of an Upa-Samiti for Baburmahal Gram Panchayat since March, 2024.

The State is represented and submits that on the pretext of a potential law and order situation the State respondents are unable to form the UpaSamiti. In view of the submissions made on behalf of the parties, WPA 22554 of 2024 stands allowed. There shall be an order in terms of the prayer 'A' - (i), (ii) and (iii) of the writ petition.

The State respondents are directed to act in accordance with law and take necessary steps for formation of the concerned Upa-Samiti in terms of the West Bengal Panchayat Act, 1973.

With the above directions, WPA 22554 of 2024 stands disposed of.

Since no affidavits are called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)