Disposed

Sachindra Nath Das v. State of West Bengal and Ors.

Calcutta HC1 Dec 2023WPA/15176/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking cancellation of a permit obtained allegedly by fraud. Court held delay irrelevant due to alleged illegality and directed the 5th respondent to consider the representation afresh within eight weeks after furnishing hearing to parties, without going into merits.

What did the court decide?

Directions to the 5th respondent to consider and dispose of the petitioner's representation dated 14th June, 2023 within eight weeks after affording a hearing to all concerned.

Sachindra Nath Das Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2023)

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513 01.12.2023 Ct. No.10 b.das

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WPA 15176 of 2023

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Sachindra Nath Das

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Vs. The State of W.B. & Ors.

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Mr. N. I. Khan Mr. Amlan Kr. Mukherjee ...for the petitioner. Mr. Amal Kr. Sen Mr. Jaladhi Das …for the State. Mr. D. K. Samanta Mr. B. Samanta Ms. Tithi Paul …for the private respondent.

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Heard learned counsels for the parties.

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The petitioner seeks consideration of his representation submitted before the concerned authority on 14^th June, 2023.

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Learned counsel for the petitioner submits that the private respondent has obtained a permit from the authority by placing forged documents and practising fraud upon the authority. He seeks cancellation of the permit.

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It appears that criminal cases are pending by and between the petitioner and the private respondent on the ground of breach of trust, cheating etc.

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Learned counsel for the private respondent submits that the permit was granted in 2012 and the inordinate delay in filing the writ petition has not been explained.

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In explaining the said delay, learned counsel for the petitioner has placed reliance on a judgment passed by an

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Hon’ble Division Bench of this Court in MAT 496 of 2018 passed on 8^th June, 2018 wherein the Court held as follows:-

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“Since the issue involves alleged illegal issuance of permit, we do not think, the question of limitation is very important here. This is so, because an illegal permit continues to remain an illegal permit and no amount of passage of time can cure this illegality.”

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Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the petitioner has alleged fraud being practised upon the authority by the private respondent, the delay in filing the writ petition is irrelevant.

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The writ petition is accordingly disposed of directing the 5^th respondent to consider and dispose of the representation submitted by the petitioner dated 14^th June, 2023 within eight weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondent/her authorised representative, in accordance with law.

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The 5^th respondent is at liberty to call for all relevant documents in custody of the authorities in West Bengal as well as outside, if required, for effective adjudication of the representation.

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The decision taken by the authority shall be communicated to the parties within a week thereof.

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It is made clear that this Court has not gone into the merits of the case and the authority shall be at liberty to

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deal with the representation on merits independently and without being influenced by any observation that may have been made in this order.

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With the above observations and directions the writ petition being WPA 15176 of 2023 is disposed of.

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However, there shall be no order as to costs.

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Since no affidavit is invited, the allegations contained

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in the petition are deemed not to be admitted.

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Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Suvra Ghosh, J.)

Sachindra Nath Das v. State of West Bengal and Ors.

Case brief

What is this about?

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Sachindra Nath Das v. State of West Bengal and Ors.

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