Sibasish Mitra And ORS v. State Of West Bengal And ORS

10.06.2024 Sl. No.74(DL) srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE W.P.A. No. 993 of 2024 Sibasish Mitra & Ors.

Versus

State of West Bengal & Ors.

Mr. Somnath Ghoshal, Mr. Debjit Kundu ...for the Petitioners.

Mr. Hirak Barman, Mr. Anirban Banerjee ...for the State-respondents.

Mr. Subhankar Dutta ...for the Respondent Nos.10, 11 & 12.

The writ petition is disposed of with a direction upon the Chief Medical Officer of Health, Darjeeling and the President, West Bengal Council to dispose of the writ petition, treating the same as representation of the petitioners, individually, considering the allegations which pertain to their jurisdiction and pass reasoned orders in accordance with law. The order shall be communicated to the petitioner No.1.

The authorities shall complete the exercise within a period of four months from the date of communication of this order.

The petitioners will serve a copy of this writ petition upon the said respondents. While disposing of the matter, the concerned authorities shall hear the representative of the petitioners, the representative of the nursing home as also the concerned doctor and any other person or employee of the nursing home, as the case may require.

This Court has not gone into the correctness of allegations made by the petitioner and the authorities concerned shall dispose of the writ petition in accordance with law.

There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)