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2026 DAILYLAW 34863 (CAL)

REKHA DEVI v. DEPUTY COMMISSIONER

WPA/399/2026 · 2026-08-05

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/399/2026 Rekha Devi Vs. Deputy Commissioner Mr. Mohammed Sharukh … for the petitioner Ms. Babita Das … for the respondent August 5, 2026 [AKB] Item No.2 1. The petitioner and the respondent authority are represented by their respective counsel. 2. In this writ petition the primary grievance of the writ petitioner is that despite submission of an application under Section 14 of the National Trust Act (‘said Act’ for short) the respondent authority has not taken any steps for disposal of the said application though such application under Section 14 of the said Act was submitted on 16.07.2025. 3. It is submitted on behalf of the petitioner that under cover of the application dated 16.07.2025 the writ petitioner has prayed for issuance of an appropriate order by the respondent authority appointing the writ petitioner as a guardian of her younger brother Nitin Mukesh who according to the writ petitioner is a mentally retarded person. 4. Ms. Das, learned advocate appearing for the respondent submits before this Court that delay occurred in disposing the petitioner’s application dated 16.07.2025 since no committee 2 has been constituted as yet for disposal of the applications under Section 14 of the said Act. 5. In view of such, this Court while disposing of the instant writ petition directs the respondent authority to constitute appropriate committee for taking up hearing of the matter under Section 14 of the said Act forthwith and the respondent is further directed to come to a logical conclusion with regard to the application dated 16.07.2025 as submitted by the petitioner before him after giving an opportunity of hearing to the writ petitioner and/or her authorized representative and thereafter shall pass a reasoned order and shall forthwith communicate the same to the writ petitioner. 6. The entire exercise as indicated hereinabove is to be completed by the respondent authority within 90 (ninety) working days from the date of communication of the server copy of today’s order. 7. The time limit as fixed by this Court is peremptory and mandatory. 8. With the aforementioned observation WPA/399/2026 is disposed of. 9. Before parting with it is, however, made clear that while disposing the instant writ petition this Court has not gone into the merits of the application dated 16.07.2025 as submitted by the writ petitioner with the respondent authority and thus all points are kept open for adjudication by the respondent authority. 3 10. It is further made clear that since affidavits are not called for the allegations as made in the instant writ petition are deemed to have been denied. ( Partha Sarathi Sen, J. )