Samiul Alam v. State Of West Bengal And ORS.5

11.11.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 36 Appellate Side Moumita/sm WPA 26379 of 2024 Samiul Alam Vs State of West Bengal and Ors.

Ms. Sanjukta Samanta Mr. Arkadeb Nag ...... for the Petitioner Affidavit-of-service, filed in Court today, is taken on record.

Ms. Sanjukta Samanta, learned advocate appears for the petitioner.

None appears for the respondents, despite notice. Considering the issue involved in this writ petition that an application for recording name in the record of rights and/or application for mutation though has been submitted by the petitioner before the respondent no. 6, the same has not yet been considered. The petitioner has also submitted a representation dated October 8, 2024 at page 31 to the writ petition at the official email id of the respondent no. 6. The same has also not been considered.

In view of the above, the petitioner is directed to serve a copy of this writ petition with all annexures

upon the respondent no. 6 positively within a period of one week from date.

Upon receiving a copy of the said writ application and copy of today's order, the respondent no. 6 shall serve a hearing notice at least 7 days upon the petitioner and after granting him an opportunity of hearing shall dispose of the mutation application submitted by the petitioner by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no. 6, positively within a period of six weeks from the date of the communication of this order. The reasoned order shall be communicated to the petitioners within a further period of one week from the date of the said reasoned order to be passed.

In the event, the reasoned order goes in favour of the petitioner the mutation shall be carried out forthwith by the respondent no. 6 and/or any other appropriate authority of the State positively within a period of three weeks from the date of the said reasoned order to be passed.

The petitioner shall be at liberty to produce whatever records and documents he wishes to produce before the respondent no. 6 and shall also be at

liberty to raise all his points with regard to his mutation.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition, WPA 26379 of 2024 stands disposed of, without any order as to costs.

(Aniruddha Roy, J.)