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Calcutta High Court (Appellete Side)

Jahiruddin Ahmed Mollah Proprietor Of ... vs The State Of W. B. & Ors on 9 July, 2014

Author: Dipankar Datta

Bench: Dipankar Datta

09.07.2014
Item No.23
   SB
                                W.P. 19055 (W) of 2014
                 Jahiruddin Ahmed Mollah proprietor of F.A.R. Construction
                                         Vs.
                               The State of W. B. & Ors.

                 Ms. A. Khatri,
                 Ms. S. Maity.................for the petitioner.

                 Mr. B. Sau...................for the State.



                 Leave is granted to Ms. Khatri, learned advocate representing the

             petitioner to effect necessary correction in the cause title.

                 The writ petition has been filed on 02.07.2014 without giving time to

             the District Nodal Officer, respondent no.2 to consider the representation

that was submitted before him by the petitioner on 30.06.2014. However, instead of dismissal of the writ petition, in my view interest of justice would be better served if the respondent no.2 proceeds to consider the said representation in accordance with law and passes an appropriate order. It is ordered accordingly. If the petitioner is found entitled to payment of the sum claimed by him, the same shall be released in his favour within a period of one month from date of receipt of a copy of this order with appropriate amount of interest as may be determined by the respondent no.2. Needless to observe, if the petitioner's prayer is rejected, the order must have the support of reasons.

The writ petition stands disposed of, without costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.

(DIPANKAR DATTA, J.)