Pema Diki Bhutia And ORS v. The Gorkhaland Territorial Administration And ORS

33 22.02.2021 CALCUTTA HIGH COURT Sc

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION (Via Video Conference) W.P.A. 565 OF 2021 ---------- Pema Diki Bhutia & Ors.

-vs.- The Gorkhaland Territorial Administration & Ors.

Mr. Phiroze Edulji Mr. Pritam Choudhury.

....For the Petitioners.

Ms. Supriya Singh ....For the State 1.

This is an application under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the inaction on the part of the respondent authorities in considering their representation dated January 29, 2021.

2.

I have heard counsel appearing for both the parties and perused the materials on record. In my view, this matter should be sorted out properly by the authority concerned.

3.

In light of the above, I direct the respondent no. 3, being the District Inspector of Schools (Secondary Education), Gorkha Land Territorial Administration to consider the representation of the petitioners and after granting an opportunity of hearing to the petitioners pass a reasoned order

within a period of six weeks from the date of communication of this order. The reasoned order be communicated to the petitioners within a week of passing of the same.

4.

It is made clear that if the order is in favour of the petitioners, consequential benefits should follow expeditiously.

5.

With the above direction the writ petition is disposed of. There will be no order as to costs. 6.

I make it clear that I have not gone into the merits of this case.

7.

Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)