Subhas Chatterjee v. State Of West Bengal And ORS.

December 12, 2023 ARDR (557) WPA 25932 of 2023 Subhas Chatterjee Vs.

The State of West Bengal & ors.

Adv. N. I. Khan, Adv. Amlan Kr. Mukherjee ...for the petitioners.

Adv. Anant Kumar Shaw, Adv. Mainak Ganguly, ...for the respondent no.5.

Adv. Pantu Deb Roy, Adv. Jalashi Das, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

The petitioner complains that an illogical and unscientific timetable has been issued in favour of the private respondent no.5 which clashes with the timetable issued to the petitioner. Several objections filed by the petitioner in this regard have not been heeded to by the authority. The petitioner prays for a direction upon the authority to consider the objection at the earliest. Learned counsel for the State respondents submits that the petitioner failed to appear before the authority for consideration of his objection despite several notices issued upon him.

Learned counsel for the private respondent no.5 submits that since the petitioner failed to appear before the authority on several dates of hearing, the objection filed by the petitioner was disposed of by the authority upon intimation to the petitioner by a letter issued on 22nd

January, 2019. Learned counsel further submits that there are counter complains against the petitioner filed by the private respondent no.5 which also need to be considered by the authority.

The petitioner was granted liberty to resubmit his grievances by the letter dated 22nd January, 2019. Further objection filed by the petitioner before the authority on 17th June, 2019 is yet to be considered.

In view of the above, the writ petition is disposed of directing the concerned authority, being the 4th respondent herein, to consider and dispose of the objections filed by the petitioner as well as by the private respondent no.5 within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondent no.5, in accordance with law.

The decision taken by the authority shall be communicated to the parties within a week thereof. With the above observations and directions the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)