WPA/29216/2023 of SK. REZAUL KARIM Vs STATE OF WEST BENGAL AND ORS. on 29 December 2023

29.12. g.b.2023Ct. No.0711

WPA 29216 of 2023

Sk. Rezaul Karim

Vs

The State of W. B. & Ors.

Mr. M. A. SamadMr. N. S. Chakraborty

…..For the Petitioner

Mr. Biswabrata Basu Mallick

Ms. Sukalpa Seal

…..For the StateMr. Atis Kr. BiswasMr. Suman Chakraborty

……For the Private Respondent No. 12

Affidavit of service filed in court today is takenon record.

The petitioner has submitted a representationdated December 7, 2023, Annexure – “P-12” at page243 to the writ petition, inter alia, before therespondent no.3. The grievance of the petitioner alsocentres around the respondent nos. 12 and 13.

Mr. M. A. Samad, learned counsel appearingfor the petitioner submits that the said representationhas not yet received the attention of the respondentno.3.

In view of the above, to subserve justice, therespondent no.3 upon issuing a prior seven dayshearing notice to the petitioner, respondent no. 5 andrespondent nos. 12 and 13 and after giving them an opportunity of hearing shall decide the representationdated December 7, 2023, Annexure – “P-12” at page243 to the writ petition by passing a reasoned orderin accordance with law. The entire exercise shall becarried out and completed by the respondent no.3positively within a period of six weeks from the date ofcommunication of this order and the respondent no.3shall communicate the order to the petitioner,respondent no.5 and the respondent nos. 12 and 13within a further period of two weeks from the date ofthe reasoned order to be passed.

It is made clear that this court has not goneinto the merits of the claim of the petitioner in anymanner and the parties shall be at liberty to urgewhatever points they wish to urge by relying uponwhatever records and documents they wish to relyupon before the respondent no.3.

In the event the reasoned decision goes infavour of the petitioner, the respondent no.5 or anyother appropriate State authorities shall give effectthereto positively within a period of three weeks fromthe date of communication of the reasoned order.

It is made clear that this order shall notcreate any right or equity in favour of the petitioner ifthe petitioner is not eligible for his claim strictly inaccordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to havebeen admitted by the respondents.

On the above terms, this writ petition WPA29216 of 2023 stands disposed of without any orderas to costs.

(Aniruddha Roy, J.)