Sudhakar Halder v. State Of West Bengal And ORS.

02/12/2020 Item No.10 SL AB/S DE Through Video Conference W.P.A. 9720 of 2020 Sudhakar Halder -VsThe State of West Bengal & Ors.

Mr. Robiul Islam, Ms. Pramita Banerjee ...for the Petitioner.

We have heard learned Counsel for the petitioner.

Nobody appears on behalf of the State. We have gone through the materials on record.

The allegation of the petitioner is that the Panchayet Pradhan of 11 no. Madhurkul Gram Panchayet under Domkal Block has misappropriated huge funds in connection with implementation of various development schemes.

The petitioner has made representations to the authorities complaining of such alleged misconduct on the part of the Panchayet Pradhan, but no action has been taken on the basis thereof.

Having considered the papers on record, we direct the District Magistrate, Murshidabad, being the 3rd respondent, to consider the petitioner's allegations in the writ petition as a representation along with the representation dated 19.8.2020, which is Annexure "P3" to the writ petition and take a reasoned decision

thereon in accordance with law, after giving an opportunity of hearing to all concerned including the Panchayet Pradhan, within a period of three months from the date of receipt of a copy of this order along with a copy of the writ petition.

Needless to say that if the 3rd respondent finds merit in the grievance of the petitioner, remedial measures will be taken by the 3rd respondent. We make it clear that we have not gone into the merits of the case. It will be for the third respondent to take an informed decision in accordance with law. Since no affidavits have been called for or considered, the allegations contained in the writ petition shall be deemed not to be admitted by the respondents.

WPA 9720 of 2020 is, accordingly, disposed of. (Thottathil B. Radhakrishnan, C.J.) ( Arijit Banerjee, J.)