Jahannara Khatun And ORS. v. State Of West Bengal And ORS.

D/L.06.

November 29, 2024.

KAUSHIK WPA No. 23165 of 2024 Smt. Jahannara Khatun & Ors.

Vs.

The State of West Bengal and Others Mr. Mrityunjoy Chatterjee Mr. Arindam Poali ... for the petitioner.

Mr. Mohinoor Rahaman Mr. Imdadul Biswas Mr. Iqra Rahaman ...for the respondent nos. 8 & 9.

Mr. Santanu Mitra Mr. Subhabrata Das ...for the State.

The grievance of the petitioner is directed against embezzlement of funds by the respondent authorities and more particularly by the respondent nos. 8 and 9 being the Pradhan and Secretary of the concerned Panchayat.

It is alleged on behalf of the petitioner that despite repeated representations for investigating a fraud and embezzlement by the private respondent, the respondent authorities have taken no steps at all. Ultimately, a complaint dated August 19, 2024 has been issued by a Member of Parliament to the District Magistrate being the respondent no. 3 for investigation into the alleged financial scam. Despite receipt of the above representation as far back as August 19,

2024, the respondent no. 3 has taken no steps in the matter.

The respondents are represented and submit that there is no merit in the allegation made on behalf of the petitioner. It is also submitted on behalf of the State respondent that the matter be investigated only by the District Magistrate.

In view of the submissions made on behalf of the parties and in view of the seriousness of the allegations alleged, WPA 23165 of 2024 is disposed of by directing the respondent no. 3 to consider and dispose of the representation of the petitioners dated August 19, 2024 within a period of six weeks from the date of communication of this order to the said respondent after giving a right of hearing to the affected parties including the petitioners, in accordance with law and without being influenced by any observation or direction made in this order.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent no. 3 in accordance with law.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not 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.)