Purnima Sarkar v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 24244 of 2023 Purnima Sarkar VS The State of West Bengal & Ors.

23.12.2024 (Item No. 15) (AB) Mr. Atis Kumar Biswas .... For the petitioner Mr. Chandi Charan De, ld. Addl. Govt. Pleader Mr. Anirban Sarkar Ms. Reshma Chatterjee .... For the State Affidavit-of-service, filed in Court today, is taken on record.

Mr. Atis Kumar Biswas, learned counsel appears for the petitioner.

Mr. Chandi Charan De, learned Additional Government Pleader appears for respondent Nos. 1 to 8.

Respondent Nos. 9 and 10 are not represented. The petitioner wants to carry out certain maintenance work at her pond. Petitioner has also deposited the royalty amount as would be evident from page 17 to the writ petition. Petitioner submitted its representation before the respondent No. 4 at page 18 and 18A to the writ petition which has not been considered.

In view of the above, the respondent No. 4 upon issuing a prior hearing notice of at least seven days to the petitioner and granting her an opportunity

of hearing shall dispose of the said representation, as referred to above, by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent No. 4 positively within a period of six weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner within a period of one week thereafter.

If the reasoned order goes in favour of the petitioner the appropriate authority shall take steps to give an immediate effect thereto in accordance with law but positively within a period of three weeks from the date of the said reasoned order to be passed. This Court has not gone into the merit of the claim of the petitioner and all points are kept open for the petitioner to urge before the respondent No. 4. This order shall not create any right or equity in favour of the petitioner, if she does not succeed to her claim before the respondent No. 4 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 24244 of 2023 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)