Shibnath Banerjee v. State Of West Bengal And ORS.

OD-11 WPO/1722/2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SHIBNATH BANERJEE VS STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : April 4, 2022.

Appearance:

Sk. Samim Akhter, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Debasish Ghosh, Adv.

..for State The Court: Learned counsel for the petitioner contends that, despite the petitioner having given a representation to the respondent authorities, primarily for diversion of the route for which the petitioner is holding a permit, the respondent authorities are sitting tight over the matter. Learned counsel for the respondent authorities submits that the request made by the petitioner in the representation-in-question is not maintainable in law. Learned counsel for the petitioner controverts such contention.

It is further submitted by learned counsel for the respondent that the representation of the petitioner, in substance, is not merely for variation of the route but for curtailment of the same.

Be that as it may, since the representation is still pending before the authorities, it will be premature at this juncture to decide on the veracity and legality of the same.

Hence, WPO/1722/2022 is disposed of by directing the respondent no.4 to consider and decide on the representation of the petitioner, as annexed at page 20 (Annexure P2) of the present writ petition, within a fortnight from date.

It is made clear that the merits of the request made in the representation and of the case of either party are not gone into by this Court at this stage.

No order as to costs.

(SABYASACHI BHATTACHARYYA, J.) bp