Piyeta Bhattacharjee v. State Of West Bengal And ORS.

04.10.2024 Item No. 3 Crt.No.02 b.r. WPA 23248 of 2024 Piyeta Bhattacharjee -vsThe State of West Bengal & Ors.

Mr. Ranojoy Chatterjee Mr. Tamal Singha Roy ..... for the petitioner.

Mr. Ashim Kumar Ganguly, Ld. AGP Ms. Jayeta Mitra (Kaunda) .... For the State.

Affidavit of service filed in Court today, is taken on record.

The grievance of the petitioner is that the representations of the petitioner dated July 27, 2024 and August 19, 2024 at pages-10 and 12 to the writ petition have not been considered by the appropriate State authority.

Mr. Tamal Singha Roy, learned advocate, appears for the petitioner.

Ms. Jayeta Mitra (Kaunda), learned State advocate led by Mr. Ashim Kumar Ganguly, learned Additional Government Pleader, appear for the State-respondents. Learned State advocate places an instruction dated October 3, 2024 issued by the respondent no.3, the same is kept on record.

The petitioner shall serve a copy of this writ petition upon the Additional District Sub-Registrar, Karimpur, District-Nadia forthwith.

After considering the submissions made on behalf of the parties and on perusal of the said instruction dated October 3, 2024, the Additional District SubRegistrar, District-Nadia upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her an opportunity of hearing shall dispose of the said two representations dated July 27, 2024 and August 19, 2024 by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the said Additional District SubRegistrar, District-Nadia positively within a period of eight weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner within a further period of one week from the date of the said reasoned order to be passed. It is made clear that this Court has not gone into the merits of the writ petition and the petitioner shall be at liberty to urge whatever points she wishes to urge by relying upon whatever records and documents she wishes to rely upon.

In the event, the reasoned order goes in favour of the petitioner, the appropriate State authority shall give

an immediate effect thereto preferably within a period of three months from the date of the said reasoned order to be passed.

It is made clear that this order shall not create any right or equity in favour of the petitioner if the petitioner is not eligible to receive her claim strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 23248 of 2024 stands disposed of, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)