Shyamal Mondal v. State Of West Bengal And ORS.

24.11.2025 Item No.14 Ct. No.01 RP WPA(P) 491 of 2025 Shyamal Mandal VS The State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Ayanava Das ...For Petitioner Mr. Swapan Banerjee Mr. Diptendra Narayan Banerjee Md. Abul Reja Jaglul Kabir ...For State PER, PARTHA SARATHI SEN, J.:

1. Parties are represented through their respective learned counsels.

2. In this Public Interest Litigation the grievance of the petitioner is non-consideration of his representation as submitted with the respondent no.4 authority regarding alleged illegal action of the private respondent no.8, who is the facilitator of the Mahisasthali Gram Panchayat Kalukhali, Bhagwangola, Aragi Kulgachi.

3. In course of hearing learned counsel for the petitioner took us to various annexures to the instant writ petition, being copies of several representations as have been submitted with the respondent authorities. It is submitted on behalf of the writ petitioner that despite submission of such representations against the private

respondent no.8 regarding his alleged illegality and irregularity as a Pachyat Facilitator of the respondent no.6 authority, no action has been taken. It is further submitted that appropriate relief may be granted to the petitioner in terms of the prayers made in the instant writ petition.

4. Report of the jurisdictional Officer-in-Charge dated 17.11.2025 filed on behalf of the State respondent is taken on record. It is argued that from the report it would reveal that there was no inaction and/or nonaction on the part of the police authority

5. Considering the rival submissions of the learned counsel for both the parties and after considering the entire materials placed before this Court it appears to us that justice would be subserved if direction is made on the respondent no.4 authority to consider the representation of the petitioner as has been annexed at page nos.46-50 of the writ petition in accordance with law.

6. In view of such, while disposing of the writ petition this Court directs the respondent no.4 authority to consider the representation of the petitioner as has been submitted before him, a copy of which has been annexed at page nos.46-50 of the writ petition and after giving due chance of hearing both to the writ petitioner as well as to the private respondent no.8 shall pass a

reasoned order and shall forward the same to the writ petitioner and the private respondent no.8.

7. It is made clear that in the event the respondent no.4 while passing the reasoned order finds sufficient merit in the aforementioned representation he is at liberty to take appropriate action in accordance with law.

8. Liberty is given the learned advocate-on-record of the petitioner to communicate the server copy of this order to the respondent no.4 authority and the respondent no.4 is directed to act on the server copy of this order.

9. With the aforesaid observation this writ petition is disposed of.

10.

It is made clear that while disposing of the instant writ petition we have made no observation regarding the merit of the instant writ petition as well.

11.

Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities.

[SUJOY PAUL, ACJ.] [PARTHA SARATHI SEN, J.]