Rajesh Xess And ORS v. The Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/452/2024 Shri Rajesh Xess & Ors. ... Petitioners Vs.

The Lt. Governor and Ors. ... Respondents Mr. Mit Guha Roy (Through Virtual Mode) Mr. Pardeshia Munda ...for the Petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondent nos.1-3 Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondent nos.4-6 September 02, 2024 (M.A.Mobin) Item No.2 Learned Advocates for the Petitioners and learned Advocates for the Respondent nos.1-3 and 4-6 are present. Although notice has not yet been served upon the Respondent nos.7 and 8 but considering the facts of the case service of notice upon the Respondent nos.7 and 8 is dispensed with.

In the instant Writ application the Writ Petitioners have challenged the notice issued by the Respondent no.6 pursuant to the order passed by the learned Single Bench of this Court in WPA No.350 of 2024.

Learned Advocate for the Petitioners submits that the notice dated 22nd August, 2024 is bad in law and that should be set aside. Learned Advocate further submits that

WPA No.350 of 2024 was disposed of without making the Writ Petitioners a party.

Learned Advocate also submits that although the Petitioners earlier made a representation before the Respondent no.6 but the same was also not considered. Learned Advocates for the Respondent nos.1-3 and 46 objects to the submission of the Writ Petitioners and submit that the Writ Application by the Writ Petitioners is not maintainable and the said notice cannot be set aside. Upon hearing the learned Advocates and considering the facts of the case and the order passed in WPA No.350 of 2024 this Court is of the view that as notice is issued by the Respondent no.6 on 22nd August, 2024 upon the Writ Petitioners the Writ Petitioners should appear before the said Respondent and make their submissions with regard to their rights.

Thus this Writ application stands disposed of by granting liberty to the Writ Petitioners to appear before the Respondent no.6 extending necessary co-operation to the said Respondent and taking necessary stand in accordance with law, including reliance on the representations made by them earlier to the said Respondent.

In the event necessary submission is made by the Petitioners with regard to the notice dated 22nd August, 2024 and with regard to the said demarcation the Respondent no.6 shall take into consideration and decide in accordance with law.

It is made clear that as this Court has not gone into the merits and as no Affidavit-in-Opposition was invited the allegation in the Writ Petition is not deemed to be admitted. As the date fixed for measurement is 04.9.2024 the Petitioners shall do the needful on the said date by appearing before the authority.

Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Biswaroop Chowdhury, J.)