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Calcutta High CourtWPA/8951/2020disposed

Polly Mahalder v. Union Of India And ORS.

2024-09-17Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

17.09.2024 WPA 8951 of 2020 Court No. 35 G.S.Das Polly Mahalder -VsThe Union of India & Ors.

Mr. Susanta Pal Ms. Ananya Neogi ... for the petitioner Mr. Pulakesh Bajpayee Mr. Amal Kumar Datta ... for the Union of India An Exception to the Report dated 29th August, 2024 filed by the petitioner be kept with the record.

Both the parties have referred to the order of the Hon'ble Division Bench presided over by the then Hon'ble the Chief Justice in MAT 7 of 2021, wherein by an order dated March 31, 2022, the Hon'ble Division Bench was pleased to refuse any interference in respect of the order passed by the learned Single Bench.

Needless to state that the learned Single Bench was pleased to give liberty to the petitioner that the matter needs to be settled either by discussion with the BSF or by taking other course of law and the writ Court cannot exercise jurisdiction.

Having considered the same, I am of the view that the petitioner would be at liberty to approach the BSF Authorities or the district administration and, it would be the said authority, which in coordination with each other would take a decision regarding the plea of the petitioner in respect of the relief claimed for.

In case the petitioner approaches with a representation before the BSF Authorities and the district administration, the same be disposed of as expeditiously as possible preferably within a period of

ten weeks from the date of the representation being made.

With the aforesaid observations, WPA 8951 of 2020 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)