Calcutta High Court (Appellete Side)
(Paschimbanga Chai Samaj Unnayan ... vs The State Of West Bengal & Ors.) on 7 February, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
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41
07.02. 2014
rrc
W. P. 3720 (W) of 2014
With
W. P. 13644 (W) of 2013
&
W. P. 14936 (W) of 2013
(Paschimbanga Chai Samaj Unnayan Samity & Anr.
Vs. The State of West Bengal & Ors.)
Mr. Pradyumna Sinha
Mr. Sirsanya Bandyopadhyay
......For the petitioners
Mr. Subbobrata Datta
Mr. Sankar Prasad Dalapati
Mr. Debasish Sarkar
......For the State
Mr. Binoy Kumar Das
.....For the respdt. nos. 8 and 9
W. P. 13644 (W) of 2013 and W. P. 14936 (W) of 2013 (appearing
as serial no. 114 in the Combined Monthly List dated 3rd February,
2014) are treated as on day's list and taken up for hearing
alongwith this writ petition. All these writ petitions shall stand
disposed of by this common order.
Pursuant to a common order dated 28th June, 2013 passed by
a bench of this Court in W. P. 13644 (W) of 2013 and W. P. 14936
(W) of 2013, the Secretary, Commerce and Industries Department of
the State Government heard the rival parties i.e. the second
petitioner and the ninth respondent, both of whom have been
claiming right in respect of an ambulance that was allotted in favour of Jangipur Sub-Divisional Hospital out of the MPLAD funds of an erstwhile Member of Parliament (presently His Excellency the
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President of India). The secretary has observed in his order dated 5th September, 2013, which is questioned in this writ petition, that there are disputes in regard to the registered office address of the Paschimbanga Chai Samaj Unnayan Samity and that presently, none of the two claimants can be accepted as representative of such society. Finally, a direction has been issued for handing over the ambulance to the concerned District Magistrate for proper use and supervision in the public interest, if rules permit. I have heard learned advocates for the parties and considered the materials on record. In view of the rival claims of the second petitioner and the ninth respondent, I am of the opinion that the secretary was justified in his approach in not deciding the rival claims of the private parties. The second petitioner, if at all he is entitled to assert any right in respect of the ambulance, must obtain appropriate declaration from the Civil Court. W. P. 3720 (W) of 2014, W. P. 13644 (W) of 2013 and W. P. 14936 (W) of 2013 stand disposed of, with liberty to pursue the channel of civil litigation in accordance with law. There shall, however, be no order for costs.
Photocopy of this order, duly countersigned by the Assistant Court Officer, shall be retained with the records of W. P. 13644 (W) of 2013 and W. P. 14936 (W) of 2013.
(Dipankar Datta, J.)
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