Calcutta High CourtWPA/87/2024disposed

Bishen Prasad Tiwari v. The Tehsildar And ANR

2024-02-02Hon'Ble Justice Moushumi Bhattacharya2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/87/2024 Bishen Prasd Tiwari Vs.

The Tehsildar and another Mr. Gopala Binnu Kumar ... for the petitioner Mr. V.D.Sivabalan ... for the respondents February 2, 2024 [SR] Item No.2 The only direction sought for by the petitioner herein is for a direction on the respondent no.1 being the Tehsildar, Port Blair Tehsil to dispose of the proceedings pending before him within a specified time frame.

The petitioner was the private respondent before a Coordinate Bench in WPA/126/2021 which was disposed of by a learned Single Judge giving liberty to the writ petitioner therein to withdraw the writ petition and files a statutory appeal under Regulation 28(2) of the 1966 Regulation within a period of four weeks. Counsel submits that the writ petitioner before that Court (private respondent herein) failed to pay the costs as directed by an earlier Coordinate Bench on 19th December, 2022.

Considering the import of the order, since costs have not been paid within the specified time frame of four weeks from 22.11.2023, WPA/126/2021 automatically stands dismissed. The issue, which is pending before this Court, is for the Tehsildar/respondent no.1 to expeditiously dispose of the proceedings pending before him arising out of a complaint made by the petitioner herein against the private respondent.

Admittedly, the proceedings are pending since 3rd March, 2021 pursuant to an order on remand passed by the Sub Divisional Officer.

Learned counsel appearing for the Tehsildar/respondent no.1 submits that the delay has been occasioned due to several intervening factors. Counsel, however, does not have any explanation to account for the delay of almost three years for the Tehsildar to dispose of the petitioner's complaint. WPA/87/2024 is disposed of by directing the respondent no.1/Tehsildar to dispose of the complaint being RC No.2679 of 2015 within a period of two months from today. The petitioner shall be at liberty to apply before the Court in event of any default of this direction. ( Moushumi Bhattacharya, J. )