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Judgment
Biswanath Somadder, J
By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for appropriate order.
The instant appeal arises out of an order dated 6th July, 2017, passed by a learned Single Judge in WP 1930 (W) of 2016 (Narayan Chandra Maji & Ors. vs. State of West Bengal & Ors.). By the impugned order, the writ petition was dismissed by the learned Single Judge.
For convenience, the impugned order dated 6th July, 2017 is reproduced hereinbelow:-
"The petitioners seek relief under Gitanjali scheme.
The State is represented.
It appears that the Gitanjali scheme is no longer in place.
In such circumstances, no relief can be granted to the petitioner on this writ petition.
W.P. 1930 (W) of 2016 is dismissed.
No order as to costs."
The instant appeal has been preferred by the writ petitioners.
The matter was taken up for consideration by an earlier Division Bench on 14th November, 2017, when the following order was passed:-
"The State-respondent is directed to file a report in the form of affidavit to support the submission of Mr. Mukherjee that the "Gitanjali Scheme" is no longer in force, within two weeks from date and to serve copy of the report upon the learned advocate-on-record of the appellants, in the meantime.
Reply, if any, be filed by the appellants before the returnable date. Matter to appear in the list on 6th December, 2017."
Now, a report in the form of an affidavit has been filed in Court today on behalf of the Joint Secretary, Housing Department, Government of West Bengal.
Paragraph 2 of the said report is relevant in the context of the issue involved in the instant matter and is required to be reproduced and is accordingly reproduced hereinbelow:-
"2. That I have the highest regard and respect about this Hon'ble Court and at no point of time I did not have nor have any intention to submit anything beyond the record of the case, however, by mistake after exchange of information over telephone the Learned counsel wrongly submitted on 14.11.2017 before this Hon'ble Court that the "Gitanjali scheme" is no longer in force, accordingly this Hon'ble Court was pleased to direct to submit a report in the form of affidavit in this respect and in compliance of the said solemn direction dated 14.11.2017 of this Hon'ble Court I submit this report."
Considering the fact that the writ petition was dismissed only on the ground of a submission made by the learned advocate for the State to the effect that "Gitanjali Scheme" is no longer in force, we are of the view that the appeal and the connected application are required to be allowed and the writ petition of the appellants, being WP 1930 (W) of 2016, is required to be disposed of in the manner as follows:-
The concerned authority of the State shall take expeditious steps in order to implement the relevant scheme that is in force and is applicable to the appellants/writ petitioners in order to ensure that its beneficial effect is not lost in the process of delaying implementation of such scheme.
The appeal and the application for appropriate order stand disposed of accordingly along with the writ petition.
Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties.
I agree.