MURSHED ALI KHAN Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-1-687
HIGH COURT OF CALCUTTA
Decided on January 10,2012

Murshed Ali Khan Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

PATHERYA,J. - (1.) None appears on behalf of the State-respondents this day although a vokalatnama has been filed on 17th November, 2011. By a letter dated 5th January, 2012, the State-respondents were informed that the matter would be moved on 10th January, 2012. The petitioner by this writ petition seeks disbursement of sanctioned sums for the Sishu Sikha Kendra, which in fact was sanctioned for construction of the Sishu Sikha Kendra building in plot no. 971. Pursuant to an order passed in WP 23310 (W) of 2010 and the said order being confirmed in appeal, the petitioner's representation was considered by the respondent no. 10. After giving an opportunity of hearing to all the parties, an order was passed on 4th March, 2011. By the said order, the tender notice was cancelled and the respondent no. 8 was directed to consider the matter in view of the order dated 4th March, 2011. It was also held by the said order that the Sishu Sikha Kendra was running smoothly on Dag Nos. 1085 and 1086 and within a radius of 1 km., there was no primary school. Therefore, the amount sanctioned in respect of plot no. 971 should be utilized for plot nos. 1085 and 1086. The said order of 4th March, 2011 was forwarded not only to the petitioner, but also to the respondent no. 8 and in spite of receipt of such order, no step has been taken by the respondent no. 8 to disburse the said sums in favour of plot nos. 1085 and 1086. The order dated 4th March, 2011 has also not been challenged by the respondent no. 8 or by any other State-respondents. Therefore, the said order as on date is binding on the respondent no. 8 and the respondent no. 8 is therefore directed to implement the order dated 4th March, 2011 within two weeks from the date of receipt of this order.
(2.) In view of the aforesaid, this writ petition is disposed of.
(3.) The petitioner is directed to communicate this order to the non-appearing respondents.;


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