Gopal Prasad Saha v. The State Of West Bengal And ORS

S/L. 16.

21.09.2021 pk Calcutta High Court In The Circuit Bench At Jalpaiguri Appellate Jurisdiction W. P. A. 602 of 2020 (Via Video Conference) Gopal Prasad Saha -Vs.- The State of West Bengal & others Mr. Debasish Mukherjee, Mr. Nabankur Paul ...for the petitioner.

Mr. Subir Kumar Saha, Mr. Pretam Das ... for the State The respondents have not filed any affidavit in opposition.

Despite the above, the writ petition is taken up as it is clear to the court that there is no cause of action under Article 226.

The writ petitioner is aggrieved by order dated 27.01.2020 passed by the Block Development Officer, Mekhliganj, Changrabandha, Cooch Behar.

The said order was passed pursuant to a direction of a Co-ordinate Bench dated 12.12.2019 in WPA 996 of 2019. In the impugned order the petitioner's request for release of a balance sum of

Rs.4 lacs and odd has been declined by the Block Development Officer. It has been found by the Block Development Officer that the supply of Chira and Gur to Niztaraf Gram Panchayat was far less than the amount claimed to have been supplied by the writ petitioner. The Block Development Officer also found that two persons had effected supplies to the said Gram Panchayat during the same period.

It is further found that muster roll and register for flood shelter with the seal and signature of the concerned Prodhan was not found or produced by the Gram, Panchayat before the Block Development Officer.

In that view of the matter, no interference is called for in respect of the said impugned order. The relief of the petitioner, if any, would be to demonstrate in a civil proceeding the factum of supplies made by his client.

With liberty reserved to the petitioner as indicated herein above, the writ petition stands dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)