RAMPADA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has preferred an appeal against the order dated June 12, 2023 passed in WPA 4491 of 2023 by which, the learned Single Judge directed the 5th respondent in the writ petition to consider and dispose of the representation submitted by the writ petitioner dated November 9, 2020 within three months from the date of communication of the order after affording a reasonable opportunity of hearing to all the interested parties.

(2.) Appellant before us has contended that, the impugned order was passed without jurisdiction since, the writ petition was classified under Group I and that, the subject matter of the writ petition was eviction proceedings under the West Bengal Highways Act, 1964. According to the appellant, the writ petition ought to have been classified under Group IX and moved before such Court. In support of the contention that, the writ petition should have been classified under Group IX, learned advocate appearing for the appellant has relied upon the rules of the High Court at Calcutta relating to applications under Article 226 of the Constitution and in particular to Schedule B thereof. He has contended that, classification list of different types of writ proceedings was made under Schedule B to the writ rules. Group I has classified matters relating to land laws. The sub-heads that has been classified thereunder, does not contain the Act of 1964. In fact, according to him, the writ petition in respect of an eviction under the Act of 1964 has to be classified under Group IX of the writ rules. He has also referred to the rules relating to Computerized Listing of the Cause List of the Appellate Side and contended that, the same also does not allow writ petition of such a nature to be classified under Group I.

(3.) Learned advocate appearing for the appellant has drawn the attention of the Court to an order dated August 17, 2022 passed by the Division Bench in MAT 1292 of 2022 (Prasanta Kumar Hait and Ors. Vs. The State of West Bengal and Others) and contended that, in same circumstances, the Division Bench entertained an appeal passed by the learned Single Judge under Group V. He has also referred to the order dated December 5, 2022 passed in MAT 1292 of 2022 where, recalling of the order dated August 17, 2022 was sought for on the ground that, the writ petition could not be classified under Group V. There, it has been held that, the learned Single Judge had determination under Group V to hear the writ petition.