Calcutta High Court (Appellete Side)
Anindya Samanta & Ors vs The State Of West Bengal & Ors on 25 July, 2018
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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25. 7 . 2018
BP W.P. 12432(W) of 2018
Sl. 25
Anindya Samanta & Ors.
Vs.
The State of West Bengal & Ors.
Ms. Paromita Pal
..for the petitioners.
Mr. Kamal Mishra
Mr. Tamal Taru Panda
..for the Council.
Let affidavit of service filed in Court today be kept
on record.
It is submitted by Ms. Paromita Pal, learned
advocate for the petitioners that the petitioners have
already made representations before the Chairman,
District Primary School Council, Purba Medinipore, the
respondent no.4. Unfortunately, till date no step has
been taken by the respondent authority in respect of the petitioner's representations in accordance with law. Hence, the present writ petition.
Mr. Kamal Mishra, learned advocate for the District Primary School Council, Purba Medinipore submits that the petitioners are twelve in numbers but the petitioner has deposited court fee for one petitioner. 2 Therefore, unless the deficit court fee is deposited, no order should be passed.
At this juncture, Ms. Pal is directed to deposit the deficit court fees in respect of petitioner nos. 2 to 12 by 27th July, 2018.
That being the scenario, I direct the District Primary School Council, Purba Medinipore, the respondent no.3 to consider and take a decision in accordance with law in respect of the petitioners' representations within four weeks from the date of communication of this order after giving an opportunity of hearing to the petitioners or their authorised representative and thereafter communicate the decision to the petitioners within one week.
Needless to mention, I have not gone into the merits of the matter and all points are kept open to be decided independently in accordance with law by the respondent no.3 at the time of hearing.
Since the writ petition is disposed of without calling for an affidavit, allegations contained therein shall not be deemed to have been admitted.
With this direction, the writ petition is disposed of.
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No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(Samapti Chatterjee, J. ) 4