Partha Dan & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 286 Cal

   D/L
Item No. 4
10.01.2023
 KOLE
                              MAT 2020 of 2022
                                    With
                             IA No. CAN 1 of 2022
                                   With
                             IA No. CAN 2 of 2022

                              Partha Dan & Anr.
                                    -Vs.-
                      The State of West Bengal & Ors.


             Mr. M. P. Gupta,
             Mr. Sourav Mukherjee,
             Mr. D. K. Saha,
                                                       ... for the appellants.

             Mr. Soumik Ganguli,
                                                ... for the respondent no. 2.

Affidavit of service filed in court today be kept with

the records.

Despite service nobody appears for the private

respondents.

By consent of the parties the appeal and the

application are taken up for hearing together.

This appeal is directed against a judgment and order

dated December 12, 2022, whereby the writ petition of the

appellants being WPA 6005 of 2022 was disposed of.

The appellants had approached the learned Single

Judge with the grievance that Bankura Municipality had

issued a certificate of enlistment in favour of the private

respondents relying upon documents which have been set

aside by a Competent Civil Court in Title Suit No. 11 of 1958.

The appellants submitted before the learned Judge that they

had made a representation before the Municipality in

February 22, 2022, but the same had not been considered.

The Learned Judge disposed of the writ petition by

directing the Competent Officer of the Municipality to

consider and dispose of the representation of the appellants

dated February 22, 2022, in accordance with law, within a

period of twelve weeks from the date of communication of

the order, after giving a reasonable opportunity of hearing to

all necessary parties. The Competent Officer shall dispose

of the representation by recording a reasoned order.

The appellants say that twelve weeks is too long a

period. Their only prayer is that the period should be

abridged. Having heard learned Counsel for the parties, we

modify the order under appeal only to the extent that the

Competent Officer in the Bankura Municipality will dispose

of the representation of the appellants in terms of the

learned Single Judge's order within eight weeks from the

date of communication of this order. The other portions of

the order under appeal will remain unaltered.

Since we have not called for affidavits, the allegations

made in the stay application are deemed not to be admitted

by the respondents.

The appeal and the stay application are, accordingly,

disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)