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2026 DAILYLAW 44247 (CAL)

ATINDRANATH CHATTERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/6219/2026 · 2026-09-29

Krishna Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 10 29.09.2026 Court. No. 25 Sourav WPA 6219 of 2026 Atindranath Chatterjee Vs. State of West Bengal & Ors. Mr. Sannidhya Datta … for the petitioner. Mr. Anindya Bose, Sr. Adv. Ms. Smita Pal … for the State. Mr. Dipankar Aditya Mr. Prasanta Kumar Das Ms. Aishwarya Priya Raha … for the respondent nos. 8 to 13. Mr. Supriyo Chattopadhyay … for W.B.S.E.D.C.L. 1. The supplementary affidavit and the affidavit-of-service filed in Court today are taken on record. 2. The grievance of the petitioner in the present writ application is that earlier the petitioner has filed a writ application before this Court on the allegation that the representation filed by the petitioner before the Sub- Divisional Officer was not considered. 3. By an order dated September 10, 2025, this Court has disposed of the said application by directing the Sub- Divisional Officer to consider the complaint filed by the petitioner and to dispose of the objection of the petitioner is strictly in accordance with law after giving reasonable opportunity of hearing to all necessary parties at the earliest positively within a period of eight weeks from the date of communication of the order. 4. In compliance of the order passed by this Court, the Sub- Divisional Officer has issued notice of hearing on October 29, 2025 by fixing the date of hearing on November 6, 2 2025. The petitioner has received the said notice on November 6, 2025. By that time hearing was concluded and the Sub-Divisional Officer had passed the order which is impugned at page no. 71 in the present writ application. 5. Being aggrieved with the order dated November 6, 2025, the petitioner has filed the present writ application. Simultaneously, the petitioner has filed a contempt application for non-compliance of the order passed by this Court dated September 10, 2025. The co-ordinate Bench of this Court disposed of the contempt application by an order dated August 20, 2026 on the ground that the petitioner has already challenged the order of the Sub-Divisional Officer before this Court and thus, the Court has not passed any order in the contempt application. Now pending writ application, the Sub- Divisional Officer has issued a notice dated September 23, 2026 by fixing the date of hearing on September 30, 2026 at 12.00 noon. 6. Learned counsel appearing for the respondent nos. 8 to 13 submits that at present the committee members have been changed and they have not received any notice of the Sub-Divisional Officer of the hearing dated September 30, 2026. 7. Learned counsel appearing for the State submits that as the Sub-Divisional Officer has already issued the notice for fresh hearing by fixing a date on September 30, 2026 at 12.00 noon, this Court can dispose of the writ application by directing the Sub-Divisional Officer to 3 dispose of the complaint filed by the petitioner in accordance with law. 8. Heard the learned counsel for the respective parties. Perused the materials on record. 9. The only grievance of the petitioner is that the Sub- Divisional Officer has passed the impugned order dated November 6, 2025 without giving any opportunity of hearing. Though the Sub-Divisional Officer has passed the order on November 6, 2025 but now the Sub- Divisional Officer has issued a fresh notice for fixing a date of hearing on September 30, 2026. 10. Considering the notice issued by the Sub-Divisional Officer for fixing a date on September 30, 2026 the impugned order dated November 6, 2025 is set aside and quashed and the Sub-Divisional Officer is directed to give an opportunity of hearing to the petitioner as well as all the persons including the new committee members and to pass a reasoned and speaking order within a period of eight weeks from the date of receipt of this order. 11. WPA 6219 of 2026 is disposed of. 12. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)