Md Sabir Alam v. State Of West Bengal And ORS.

29.09.2023 29.09.2023 Ct. No.10 b.das WPA 23211 of 2023 Md. Sabir Alam Vs.

The State of W.B. & Ors.

Mr. Monoj Kr. Mondal Ms. Kakali Dutta ...for the petitioner.

Mr. Pantu Deb Roy Mr. Subrata Guha Biswas ...for the State.

Affidavit of service filed by the petitioner is taken on record.

Heard learned counsels for the parties.

Being the highest bidder in the auction floated by the IDFC Bank Ltd., being the 5th respondent herein, the petitioner purchased the vehicle in question from the bank on 28th September, 2022 following permission granted to the bank by the learned Arbitrator to sell the vehicle on "as is whereis" basis.

The petitioner submitted representations before the authority on 8th May, 2023 and 21st August, 2023 respectively seeking transfer of the vehicle in his name. The representations are yet to be considered. The petitioner prays for a direction upon the authority to consider the representations at the earliest. Learned counsel for the State respondents submits that the 3rd respondent be directed to consider the representations, in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representations submitted by the petitioner within two months from the date of communication of this order upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)