- (1.) The petitioner in this art.226 petition dated May 17, 2010 is questioning an undated decision (at p.38) of the District Magistrate and District Election Officer, Darjeeling disposing of a representation of the Institute. The decision has been given in compliance with an order of this Court dated February 25, 2009 in W.P.No.931(W) of 2009. By the order the authority concerned was directed to consider the Institute's representation.
(2.) In the impugned decision the District Magistrate and District Election Officer, Darjeeling has recorded the terms and conditions on which the Institute and the District Administration allegedly agreed. Questioning the correctness of the agreed terms and conditions, the Institute submitted a letter dated March 26, 2010 (at p.39). The District Magistrate and District Election Officer, Darjeeling did not give any attention to the letter.
(3.) In my opinion, the District Magistrate and District Election Officer, Darjeeling was under an obligation to recall his decision once correctness of the terms and conditions stated to have been agreed by the parties was questioned by the Institute without any delay.;