Humayun Kobir @ Humayan And ANR v. State Of West Bengal And ORS.

21.01.2026 Sl. No.20 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 24893 of 2025 Humayun Kobir @ Humayan & anr.

Versus

The State of West Bengal & Ors.

Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay ...for the Petitioners.

Mr. Nadeem Sulaiman Ms. Sunita Guha Mr. Mijanul Kabir .... For the Madrasah Board Mr. Barun Kumar Samanta ... for the respondent nos.10, 11, 13 & 14 1.

By the present writ petition the petitioners seek for direction upon the respondent authorities to act swiftly on the complaint lodged by the petitioners being annexure P2 to the writ petition.

2.

The petitioners being the elected guardian representatives of the Managing Committee of Talbangrua High Madrasah (H.S.) contend that there is embezzlement and misappropriation of funds of the Madrasah by respondent nos.10, 11, 13 and 14. The petitioners made a complaint before the District Inspector of Schools (SE), Malda as well as other authorities on 8th September, 2025 alleging of such fact. However, the same has not been considered as yet. Hence, this writ petition.

3.

Mr. Gangadhar Das, learned Advocate appearing on behalf of the petitioners submit that despite there being issues raised regarding embezzlement of the fund of Madrasah, no steps have been taken by the authority concerned. He seeks that the matter be relegated to the appropriate authority to consider and dispose of the representation of the petitioners dated 8th September, 2025, in accordance with law.

4.

Mr. Nadeem Sulaiman, learned Advocate appearing on behalf of the West Bengal Board of Madrasah Education submit that the matter be sent to the appropriate authority for consideration of the representation of the petitioners.

5.

Mr. Barun Kumar Samanta, learned Advocate for the respondent nos.10, 11, 13 and 14 submits that the amount alleged has been withdrawn by the resolution of Managing Committee of the Madrasah and as such, there cannot be misappropriation of funds by the respondents. However, the matter may be sent to the appropriate authority for due consideration.

6.

In view of the above submissions, the respondent no.9, the District Inspector of Schools (SE), Malda, is directed to consider the representation of the petitioners dated 8th September, 2025 upon notice to the petitioners as well as all interested parties and dispose of the same in accordance with law by passing a reasoned order, within a period of eight weeks from the date of communication of this order.

7.

Parties shall be at liberty to produce all relevant documents before the respondent no.9, the District Inspector of Schools (SE), Malda at the time of hearing. 8.

The reasoned order shall be communicated to the petitioners within a period of one week from the date of passing of such order.

9.

With the above direction, the writ petition being WPA 24893 of 2025 stands disposed of.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)