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Calcutta High CourtWPO/75/2024disposed

Tarapada Modak v. The Inspector General Pf Prison And Adg West Bengal And Others

2024-02-22Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

OD 9 WPO/75/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE TARAPADA MODAK VS THE INSPECTOR GENERAL PF PRISON AND ADG WEST BENGAL AND OTHERS

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 22nd February, 2024.

Appearance:

Mr. Debabrata Dhar, Adv.

Mr. Prodyot Kumar Roy, Adv.

. . .for the petitioner.

The Court: The prayer of the writ petitioner is innocuous. It is contended that an application was made for release of the petitioner's father in view of the said convict having already completed the statutory period of 14 years of incarceration serving his sentence. However, despite the said application, the same was not forwarded under the provisions of law. Hence a representation in that regard was made by the petitioner. A copy of the representation is annexed at page 15 of the writ petition.

Despite service, none appears for the respondents at the time of call. The affidavit of service filed today be kept on record. In view of the innocuous nature of the prayer, further service is not directed.

WPO/75/2024 is disposed of by directing the respondent no.2, that is, the Principal Secretary, Department of Correctional Administration of the State of West Bengal to consider the representation of the petitioner annexed at page 15 of the writ petition and to inform the outcome of the same in writing to the petitioner at the earliest. Such exercise, it is expected, shall be completed within four weeks from the date of communication of this order to the respondent no.2. For the purpose of compliance, the respondent no.2 shall act on a server copy of this order coupled with the written communication of the learned advocate for the petitioner without insisting upon prior production of a certified copy of the same.

No order as to costs.

Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities. (SABYASACHI BHATTACHARYYA, J.) sp/