Milan Subba v. State Of West Bengal And ORS

20-06.2019 Court No.3 Sh/01.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 108 of 2019 Milan Subba. . .. . Petitioner.

Vs.

State of West Bengal & Ors. .Respondents.

Mr. Arnab Saha.

. . .For the Petitioner.

Mr. M. Rahaman.

.. For the State.

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

It cannot be ascertained from the affidavit of service as to whether the West Bengal State Information Commission has been served or not. The writ petitioner applied before the Block land & Land Reforms Officer, Madarihat, Alipurduar for supply of information and documents on 01-08-2016 under Section 6(1) of the Right to Information Act, 2005. The petitioner was not satisfied with the information supplied by the said authority vide Memo dated 07-08-2018. He thereafter filed another application dated 06-09-2018 before the District Land & Land Reforms Officer for supply of information and documents. The said application which was registered as Docket No. 9511 dated 12-09-2018 was forwarded to the office of the concerned Block Land & Land Reforms Officer with a request to supply the documents and information. The petitioner was not satisfied with the reply given by the Block land & Land Reforms Officer vide Memo dated 05-10-2018. The

petitioner thereafter made a complaint before the said District land & land Reforms Officer on 11-10-2018 but the said authority did not take any steps.

Thereafter the writ petitioner filed a complaint/2nd appeal before the West Bengal State Information Commission, which is still pending. The petitioner refers to a document at page 47 of the instant writ petition, wherefrom it appears that the petitioner's name is appearing against docket no. 5713 and the remarks column shows that the complaint/2nd appeal is still pending before the said authority. It appears that the said complaint is still pending since 11th December, 2018 and almost seven months have elapsed since the lodging of such complaint before the said authority.

The learned advocate prays for a direction upon the W.B. State Information Commission for early disposal of the second appeal. Such prayer is an innocuous one I, therefore, direct the West Bengal State Information Commission being the respondent no.6 herein to dispose of the complaint/2nd appeal against docket no.5713 as expeditiously as possible and preferably within a period of eight weeks from the date of communication of this order.

The writ petitioner is directed to communicate this order along with copy of the complaint/2nd appeal to the said respondent immediately.

Urgent Photostat Certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties expeditiously on compliance of all requisite formalities.

(HIRANMAY BHATTACHARYYA, J.)