Gouri Shankar Sha v. State Of West Bengal And ORS.

25.11.2024 rpan/03 COLRT 5 of 2024 Gouri Shankar Sha - Versus - The State of West Bengal & Others Mr. Mrinal Kanti Ghosh ... for the Petitioner.

Mr. Suman Sengupta, Mr. Gourav Das ... for the State/Respondents.

The present writ petition arises out of an order dated 20th August, 2024 passed by the learned Tribunal in the original application (in short, OA), being OA 1879 of 2024 (LRTT). By the said order, the State/respondents were directed to file their affidavitin-opposition and the matter was made returnable on 26th August, 2025.

Mr. Ghosh, learned advocate appearing for the petitioner submits that by the order dated 20th August, 2024, the final hearing of the OA has been deferred and fixed about twelve months thereafter on 26th August, 2025. Such delay in fixing a date for hearing is too long in a system where justice is supposed to be swift.

In spite of service, no one appears today on behalf of the private respondent nos.4 and 5. Mr. Sengupta, learned advocate appearing for the State/respondents submits that the affidavit-in-

opposition, as directed by the learned Tribunal, would be filed within two weeks from date with a copy to Mr. Ghosh.

The petitioner would be at liberty to file a reply to the affidavit-in-opposition within two weeks thereafter.

It is for the learned Tribunal to regulate its own procedures in respect of the cases on Board for effective disposal and to ensure that the cases are disposed of within a reasonable period of time. Whether in the facts and circumstances of the case, an early date is required to be fixed for expeditious disposal of the OA, needs to be considered by the learned Tribunal at the first instance. In view thereof, the present writ petition is disposed of with liberty to the petitioner to file an application for preponement of the date of hearing of the OA before the learned Tribunal.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Partha Sarathi Sen, J.) (Tapabrata Chakraborty, J.)