Calcutta High Court
WPA/731/2026 of SUSANTA SARKAR Vs THE STATE OF WEST BENGAL AND ORS on 13 August 2026
of 2026 A.Roy, J. Form J(2) Sl.No.45 Sc In the High Court at Calcutta In the Circuit Bench
A.Roy, J.
Form J(2)
Sl.No.45
Sc
In the High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
WPA 731 OF 2026
Susanta Sarkar
Vs.
The State of West Bengal & Ors.
For the petitioner
:
Mr. Sandip Guha Roy, Adv.
Mr. Ananda Paul, Adv.
For the Respondent State
:
Mr. Kunaljit Bhattacharjee, Ld. AGP
Ms. Rajni Singh Dev, Adv.
Heard on
:
August 13, 2026
Judgment on
:
August 13, 2026
[In Court]
Aniruddha Roy, J. :
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1. Mr. Sandip Guha Roy, learned Advocate appears for the petitioner.
2. Mr. Kunaljit Bhattacharjee, learned Additional Government Pleader appears for the State.
3. Grievance of the petitioner is that, the representation of the petitioner dated January 22, 2026, Annexure-P10 at page 52 to the writ petition has not been considered and the State has also not furnished
A.Roy, J.
relevant instruction pursuant to the direction of the coordinate Bench dated July 20, 2026.
4. In view of the above, following directions made: a) Petitioner shall serve a copy of this writ petition along with a copy of today’s order upon the respondent no.4 forthwith; b) The respondent no.4 thereafter upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall dispose of the representation dated January 22, 2026, Annexure-P10 at page 52 to the writ petition by passing a reasoned order in accordance with law; c) The entire exercise shall be carried out and completed by the respondent no.4 positively within six weeks from the date of communication of this order; d) The reasoned order shall be communicated to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed. e) In the event, the reasoned decision goes in favour of the petitioner, the appropriate State authority shall take all necessary and consequential steps to give an immediate effect thereof but positively within a period of four weeks from the date of the said reasoned order to be passed upon compliance of all necessary formalities required in accordance with law.
A.Roy, J.
5. It is made clear that, this Court has not gone into the merits of this writ petition and all points are kept open for the petitioner to urge before the respondent no.4 but the same shall not travel beyond the scope of this writ petition.
6. It is also made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner is otherwise not eligible to receive his claim strictly in accordance with law.
7. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
8. With the above observations and directions the writ petition, WPA 731 of 2026 stands disposed of without any order as to costs.
9. Parties shall act on the server copy of this order duly obtained from the official website of this Court.
10. Photostat certified of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)