- (1.) This writ petition is directed against order dated October 9, 2012, passed by the Secretary, Department of Housing, Government of West Bengal (respondent no. 7). The revision petition that the petitioner filed under Section 6A of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 on March 9, 2012, questioning the order dated August 24, 2011, passed by the authorised officer in exercise of power conferred on him under Section 6 of the Act was rejected by the impugned order on the ground that the same had been presented beyond the statutory period of 60 (sixty) days from the date of the order dated August 24, 2011.
(2.) Mr. Banerjee, learned advocate appearing for the petitioner argued that the respondent no. 7 acted in excess of jurisdiction by rejecting the revision petition. According to him, the revision petition had been filed by the petitioner pursuant to an order dated February 15, 2012 passed by this Court in W.P. No. 94 of 2012 and having regard to its terms, the respondent no. 7 was required to deal with it on its merits. He, accordingly, prayed for setting aside of the order dated October 5, 2012 and for a direction on the respondent no. 7 to consider the revision petition on merits.
(3.) Mr. Basak, learned advocate representing the respondent no. 7 supported the order impugned. It is his contention that the writ court by its order dated February 15, 2012 never directed the respondent no. 7 to decide the revision petition on merits. He had been directed to deal with it and having found that it was filed beyond the statutory period of 60 days, any order on the merits of the revision petition itself would have been in excess of jurisdiction. Dismissal of the writ petition has been prayed for by him.;