Reliance Home Finance Limited v. The District Magistrate, Darjeeling And ORS

04.03.2020 PP.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 486 of 2019 Reliance Home Finance Limited -versus- The District Magistrate, Darjeeling & Ors.

Mr. Milindo Paul ....for the petitioner.

Mr. Debabrata Dhar, AGP, Ms. Paramita Sahu ....for the State.

By an order dated 15th November,2019, the following direction was given:- "Having heard the parties and considering the materials placed, this Court permits the DM, Darjeeling to call the petitioner for a hearing and to produce complete documents as required by the Respondent No.1/the DM.

The petitioner shall cooperate with the DM, Darjeeling or, his authorised agent, in producing the complete documents necessary for taking steps under Section 14 (supra).

In the event such documents are produced to the satisfaction of the respondent No.1/the DM, Darjeeling, steps under Section 14 shall be taken forthwith.

Let the above directed exercise be completed not later than a period of six weeks from the date of communication of this order."

It appears that there are claims and counter claims as to the intimation about the hearing and service of the notice from the office of the District Magistrate to the petitioner.

Without going into such dispute, I had asked the Additional Government Pleader to talk with the District Magistrate, Darjeeling and give a confirmed date when

the petitioner shall be present before the said District Magistrate in terms of the order dated 15th November, 2019. The date communicated by the District Magistrate, Darjeeling though the Additional Government Pleader is 13th March, 2020.

The petitioner shall be present before the District Magistrate, Darjeeling at 11.00 o' clock on 13th March, 2020 with all documents that the petitioner intends to rely upon, including the documents indicated in the notice issued on behalf of the District Magistrate, Darjeeling dated 24th December, 2019 and made over by the Additional Government Pleader to the petitioner's advocate in course of the hearing. Since the order is passed in the presence of the petitioner, no further notice of the hearing on 13th March, 2020 shall be issued to the petitioner.

Nothing further remains in the writ petition to be decided. The writ petition is accordingly disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.

(Arindam Mukherjee, J.)