Lallan Pandey v. The State Of West Bengal And ORS.

ORDER SHEET WPO/200/2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE

IN THE MATTER OF:

LALLAN PANDEY VS THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SUVRA GHOSH Date : 20th January, 2022 Appearance:

Mr. Supratim Dhar, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Arindam Mondal, Adv.

The Court : Learned counsel for the petitioner has prayed for a direction upon the Controller to comply with the direction of the Hon'ble Division Bench of this Court in MAT 1663 of 2011 (CAN 11756 of 2011) on 11th February, 2014. By the said order, the order impugned passed by the Controller, Kolkata Thika Tenancy on 7th December, 2010 in Misc. Case No.73 of 2009 was set aside and the Controller was directed to dispose of the proceeding by passing a reasoned order in support of his conclusion after giving a reasonable opportunity of hearing to the parties as expeditiously as possible. Learned counsel appearing for the respondents contends that in compliance with the order of the Hon'ble Division Bench of this Court Misc. Case No.40 of 2021 has been initiated. Accordingly, this Court is of the view that when the proceeding has already been initiated before the Controller, such proceeding is required to be concluded within a stipulated time frame.

Accordingly, WPO No.200 of 2021 is disposed of with the direction upon the respondent no.2 to conclude the proceedings being Misc. Case No. 40 of 2021 pending before him on merit by passing a reasoned order after affording a reasonable opportunity of hearing to all the parties within a period of three months from the date of communication of this order. There shall be no order as to costs.

Since affidavits are not invited, the allegations made in the writ petition are deemed not to have been admitted.

Urgent certified website copies of this order, if applied for, be furnished to the parties on usual undertakings.

(SUVRA GHOSH, J.) sb.