Ashok Basak And ORS v. State Of West Bengal And ORS.

19.12.2024 Item No.7 gd/ssd WPA(P)/410/2024 ASHOK BASAK AND ORS.

VS STATE OF WEST BENGAL AND ORS.

Md. Salahuddin, Md. Raziuddin ..for the Petitioners.

Mr. Wasim Ahmed ..for the State.

Mr. Habibur Rahman ..for the Respondent Nos.7-17.

1. By this writ petition styled as a public interest writ petition the petitioners seek for a direction upon the authorities to take action against the 7th respondent.

2. The 7th respondent had filed writ petitions earlier and in one of the writ petitions, namely, WPA(P) 492 of 2023 by order dated 26.09.2023 the District Magistrate, Uttar Dinajpur was directed to conduct a comprehensive enquiry in order to bring to book all illegal beneficiaries and also to ensure that the money which has been paid to those illegal beneficiaries are recovered from them.

3. The petitioners would state that the petitioners are being harassed at the instance of the 7th respondent

by repeatedly filing writ petitions, apart from filing criminal cases.

4. The learned advocate appearing for the State, on instructions, would submit that a fullfledged enquiry has been commenced by the District Magistrate and the enquiry is in progress. Apart from that, the Criminal Investigation Department has also commenced an enquiry and the enquiry is in progress.

5. In the light of the above, we dispose of this writ petition by directing the concerned authorities to proceed further with the enquiry in an effective manner and arrive at a final decision and take action in accordance with law. If, according to the petitioners, they are being harassed by the 7th respondent, the petitioners will be at liberty to file a complaint before the 5th respondent, namely, Superintendent of Police, Uttar Dinajpur, who shall examine the complaint and direct an independent officer to verify the correctness of the allegations made and if a case is made out to register an FIR and proceed in accordance with law. (T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)