Arabindo Ghosh v. State Of West Bengal And ORS.

06.05.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 25149 of 2023 Arabindo Ghosh Vs.

State of West Bengal & Ors.

Mr. Lakshminath Bhattacharya ...for the petitioner Mr. Amal Kumar Sen, Ms. Ashima Das (Sil) ...for the State Mr. Arjun Roy Mukherjee ...for the respondent nos. 2 to 6

1. Affidavit-of-service filed in Court today be kept on record.

2. The petitioner is aggrieved by the alleged inaction by the Pollution Control Authorities in not deciding a complaint of the petitioner.

3. However, learned counsel for the petitioner, with leave of court files a supplementary affidavit, annexing an order passed by the West Bengal Pollution Control Board, whereby the complaint of the petitioner has been dealt with and necessary measures have been taken.

4. Learned counsel for the petitioner submits that the petitioner apprehends non-implementation of

the said order by the concerned Block Development Officer.

5. However, from the supplementary affidavit, I do not find anything to apprehend at this juncture, that the order of the Board shall not be implemented.

6. In any event, if there is any nonimplementation on the part of any authority of the order of the Pollution Control Board, it is always open to the petitioner to take appropriate action in accordance with law in that regard.

7. However, since the writ petition has become infructuous due to adjudication of the petitioner's complaint by the West Bengal Pollution Control Board, W.P.A. No. 25149 of 2023 is disposed of in the light of the above observations.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)