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2025 DAILYLAW 30141 (CAL)

ASIS KUMAR BARIK AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/15506/2024 · 2025-08-04

Aniruddha Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04.08.2025 Item No.A-4 Crt.No.02 b.r. WPA 15506 of 2024 Asis Kumar Barik & Ors. -vs- The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee ….. for the petitioners. Mr. Dibashis Banerjee Mr. Rakesh Jana …. For the Respondent no.4. Ms. Pampa Dey(Dhabal), learned advocate with Mr. Biswarup Chatterjee, learned advocate appear for the petitioners. Mr. Debasish Banerjee, learned advocate appears for the High Court Administration-respondent no.4. None appears for the District Judiciary. The last order dated July 7, 2025 speaks for itself. Mr. Debasish Banerjee, learned advocate appearing for the High Court Administration submits that Special Committee has been formed for implementation of the report of the Shetty Commission. The issue in the instant writ petition can also be sent before the said Committee for its determination. 2 In view of the above, petitioners shall provide a copy of this writ petition along with a copy of today’s order to the learned District Judge of the concerned District Judiciary forthwith. The Learned District Judge then shall transmit and produce the same before the Special Committee constituted for implementation of the Shetty Commission Report positively within a period of three working days from the date of communication of this order. The Committee shall commence the proceeding upon prior notice of hearing of at least seven days fixing the date, time and venue of the hearing upon all the writ petitioners/objectors and interested parties and then after granting them an opportunity of hearing shall pass its reasoned decision strictly in accordance with law. The entire exercise shall be carried and completed positively within a period of two months from the date of receiving a copy of today’s order by the Committee from the concerned learned District Judge. The reasoned decision then shall be communicated to the objectors, petitioners and other interested parties who shall participate in the hearing positively within a period of two weeks from the date of the said reasoned order to be passed. 3 It is made clear that this Court has not gone into the merits of the rival contentions of the parties and the parties shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the said Committee but the same shall not travel beyond the scope of this writ petition. In the event, the reasoned decision goes in favour of the petitioners, the appropriate authority/authorities shall give all necessary and consequential effects thereto as expeditiously as possible without any unnecessary delay. With the above observations and directions, this writ petition, WPA 15506 of 2024 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)