Samiran Mondal vs The State Of West Bengal & Ors
2021 Latest Caselaw 6 Cal

04.01.2021
  DL-3
 ns Ct.4
                                 WPA No.22574 of 2019


                               Samiran Mondal.
                                     Versus
                        The State of West Bengal & Ors.


             Mr. Anil Kumar Jana,
             Ms. Rita Patra                        ..    for petitioner.

             Mr. Tapas Kumar Mondal          ...     for Zilla Parishad.



                         This writ petition has been listed under

             heading "For Dismissal" as consequence of petitioner going

             unrepresented on 14th December, 2020.

                         Mr. Jana, learned advocate appears on behalf

             of petitioner and submits, with reference to order dated 3 rd

             March, 2020, made on him having had moved the petition.

             Text of said order is reproduced below:-

                         "Mr. Jana, learned advocate appears on
                         behalf of petitioner and demonstrates that
                         auction for running ferry service, per
                         notice dated 20th December, 2018, was
                         never held. Yet the service is being run by
                         someone other than his client, who had
                         duly put in earnest money and expressed
                         intention to bid. Hence, this writ petition to
                         direct concerned respondents to hold the

auction, upon canceling licence or permission given to respondent no.8 to carry on ferry service between Sumatinagar to Namkhana via

Mritunjoynagar ferry ghat. Mr. Mondal, learned advocate appears on behalf of the Zilla Parishad and hands up two sets of documents. In one set there is letter dated 24th January, 2019, written by advocate to Sabhadhipati and Additional District Magistrate, informing that a plaintiff had challenged the tender notice and Civil Judge (Junior Division), Kakdwip, South 24 Parganas had passed ad interim injunction against Sumatinagar to Namkhana via Mritunjoynagar ferry ghat. He submits further, under notification dated 24th January, 2020, present ferry services are being run pursuant to Jaladhara scheme.

The documents are handed over to Mr. Jana for making copies and handing back to Court on adjourned date when this writ petition will be heard and disposed of. List on 17th March, 2020."

Mr. Jana submits, the documents handed over

on behalf of the Zilla Parishad, must be required by Court

to be disclosed on affidavit. As such, only then his client

can be called upon to reply to any case made out by the

Zilla Parishad, as respondent, in his client's writ petition.

This, according to him, is law declared by Supreme Court.

He will cite the judgment on adjourned date.

Court is not impressed with conduct of

petitioner. The documents have been described in said

order dated 3rd March, 2020 and copies had been made

over to petitioner. Obviously, petitioner does not have an

answer.

The Zilla Parishad will file affidavit within three

weeks. Reply, if any, within two weeks thereafter. List the

writ petition after six weeks under heading "For Hearing".

(Arindam Sinha, J.)