Disposed

Naser Ali v. State of West Bengal and Ors.

Calcutta HC11 Nov 2024WPLRT/122/2024

Case brief

AI extract

What is this about?

In a writ petition regarding a decade-old pending original application, the Court directed the Tribunal to dispose of the matter expeditiously within two months. The Court also ordered private respondents to file an affidavit-in-opposition.

What did the court decide?

Direction to private respondents to file affidavit-in-opposition within three weeks; direction to Tribunal to dispose of OA within two months; writ petition disposed.

Naser Ali Vs State of West Bengal and… — Constitutional and Fundamental Rights | Calcutta HC (2024)

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11.11.2024 rpan/ 12

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WPLRT 122 of 2024 Naser Ali – Versus – The State of West Bengal & Others

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Mr. Gazi Faruqui Hossain, Mr. Himadri Kumar Mahata … for the Petitioner. Md. T. M. Siddiqui, Ms. Debdooti Dutta, Mr. Suddhadev Adak ... for the State/Respondents. Mr. Ekramul Bari, Mr. Sk. Imtiaj uddin ... for the Private Respondent Nos. 5-11.

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Affidavit-of-service, as filed, be kept on record. The present writ petition arises out an order dated 2^nd May, 2024 passed by the learned Tribunal in the original application (in short, OA), being OA 3206 of 2014 (LRTT).

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Mr. Hossain, learned advocate appearing for the petitioner submits that the petitioner is more than 74 years old and is languishing before the learned Tribunal since the year 2014. In spite of earlier direction of the learned Tribunal, no affidavit-inopposition has been filed on behalf of the private respondents before the learned Tribunal. On 2^nd May, 2024, the hearing of the OA has been deferred about nine months thereafter on 14^th February, 2025. Such

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delay in fixing a date for hearing is too long in a system where justice is supposed to be swift.

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Answering our query, Mr. Bari, learned advocate appearing for the private respondent nos.5-11 submits that the affidavit-in-opposition, as directed by the learned Tribunal, would be filed prior to the returnable date.

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Mr. Siddiqui, learned Additional Government Pleader appearing for the State/respondents submits that there is no direction upon the State respondents to file any affidavit-in-opposition. However, the learned advocate representing the State respondents has already filed the case records before the learned Tribunal, as would be explicit from the order dated 9^th February, 2022.

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Records do not reveal that any affidavit-inopposition has been filed by the private respondents pursuant to the earlier direction. In view thereof, the said respondents are directed to file their affidavit-inopposition before the learned Tribunal within a period of three weeks from date with a copy to the learned advocate appearing for the petitioner before the learned Tribunal. The petitioner would be at liberty to file a reply to the same within two weeks thereafter.

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The learned Tribunal is expected to regulate its own procedures in respect of the cases on Board for

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effective disposal and to ensure that the cases are disposed of within a reasonable period of time.

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As the petitioner is a senior citizen and as the matter is pending before the learned Tribunal for more than a decade, this Court directs the learned Tribunal to make a sincere endeavour to dispose of the OA on the returnable date i.e., on 14^th February, 2025 or as expeditiously as possible thereafter, preferably within a period of two months, without granting any unnecessary adjournment to either of the parties.

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With the above observations, the writ petition, being WPLRT 122 of 2024, is disposed of.

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There shall, however, be no order as to costs.

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

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(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)

Naser Ali v. State of West Bengal and Ors.

Case brief

What is this about?

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Naser Ali v. State of West Bengal and Ors.

Case brief

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What the court decided

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