Ujjwal Kumar Bardhan v. The Deputy Commissioner And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/862/2023 Ujjwal Kumar Bardhan ... Petitioner Vs.

The Deputy Commissioner and Anr.

... Respondents Mr. K. Sabir ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondent no.1 Ms. G. Mini ...for the Respondent no.2 September 20, 2023 (M.A.Mobin) Item No.9 The Writ Petitioner is aggrieved with pendency of the statutory appeal filed by the private respondent i.e. Respondent no.2 before the Respondent no.1 for a prolonged period of time. The said appeal was to challenge an order of the Secretary, Port Blair Municipal Council dated 7.3.2022.

Mr. K. Sabir, learned Advocate, appearing for the Writ Petitioner has submitted that filing of appeal and not proceeding with the same by the present respondent no.2 is only due to the ulterior motive and an eyewash, in order to deprive the present petitioner from his vital rights under the laws. He says that the appeal should have been already disposed of by the Appellate Court and pending of the same is prejudicial and jeopardizes the rights of his client.

The respondent no.1 as well as the respondent no.2 are represented. So far as pendency of the statutory appeal is concerned, the respondents do not challenge. It is found that to challenge the order dated 7.3.2022 passed by the Secretary, Port Blair Municipal Council the present respondent no.2 has preferred an appeal before the respondent no.1 on 10.3.2022. The appeal is still pending. Considering the same and also keeping in mind the submissions made on behalf of the parties, this Court directs the respondent no.1 to dispose of the appeal as above, within a period of one month from the date of communication of this order.

This Writ Petition is disposed of with the directions as above.

(Rai Chattopadhyay, J.)