Calcutta High Court (Appellete Side)
Prasun Banerjee vs The State Of West Bengal And Others on 15 March, 2011
Author: Patherya
Bench: Patherya
14 15.3. W.P. 3306 (W) of 2011
md. 2011
Prasun Banerjee
-Vs-
The State of West Bengal and Others
Mr. Debjit Mukherjee
... for the petitioner
Mr. B.N. Ray
... for the respondent No.4
Ms. Rina Banerjee ... for the State This application merits no order as the petitioner's case suffers from suppression of material facts.
The case of the petitioner is that an application was filed for issuance of a provisional enlistment certificate on 20th October, 2010. Such application was rejected with the endorsement 'barred'. A representation was made on 31st January, 2011. From a reading of the said representation, it appears that the Pradhan of the concerned Gram Panchayat refused to accept the petitioner's application without giving any reason. Thereafter the petitioner approached the Block Development Officer and once again went to the Pradhan on 21st January, 2011 with a document of the B.D.O. The Pradhan on seeing the said document called for the petitioner's file and cancelled the petitioner's application without any reason. Initially, the petitioner has specifically stated that the Pradhan refused to accept his application. If such is the case, 2 the question of calling for the petitioner's file and cancelling the application does not arise as the petitioner's application had not been accepted by the Pradhan on the petitioner's own saying, and therefore, the question of calling for the file which contained his application and cancelling the application cannot arise. From the aforesaid, it appears that the petitioner has suppressed some facts and has not come to Court with clean hands. The aforesaid facts will be evidenced from the representation dated 31st January, 2011.
Therefore, this writ petition merits no order and is accordingly dismissed.
As no affidavit-in-opposition has been filed, the allegations contained in the petition are not admitted.
Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
(Patherya, J.) 3