Santapur Bangabati Matshajibi Samabai Samity vs The State of West Bengal & Ors.

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. Pursuant to the order dated 4th January, 2018, the learned advocate for the State has obtained written instructions from the concerned authority of the State as to how the State was taking steps to realise the costs paid in terms of the order dated 21st December, 2017, from the salary of the concerned District Magistrate or any officer of the State who caused such delay in filing of the report in the from of an affidavit. Let the same be taken on record.

The report reveals that since the delay was unintentional and committed for the first time, the District Magistrate and Collector, Malda, along with concerned officials who were responsible for such failure to file the same within time have been cautioned. Thus, we do not find it necessary to pass further order in respect of this issue.

The instant appeal arises out of a judgment and order dated 11th July, 2017, passed by the learned Single Judge in WP 15104 (W) of 2017 (Santapur Bangabati Matshajibi Samabai Samity vs The State of West Bengal & Ors.). By the impugned judgment and order the writ petition stood dismissed. The writ petitioner has therefore preferred the instant appeal.

On 16th November, 2017, this Court had directed the District Magistrate, Malda, to conduct an independent enquiry in order to ascertain as to whether there was any functional fishery ''Self-Help Group'' under Ratua-I Block, Malda, as on 25th April, 2017. A report which has been filed before us by the District Magistrate, Malda, in this regard clearly reveals that no fishery related Self-Help Group was operational in Ratua-I Block, as on 25th April, 2017.

Taking this aspect into consideration, we are of the view that the impugned judgment and order passed by the learned Single Judge cannot be sustained. The reason is, the learned Single Judge while proceeding to dismiss the writ petition had relied upon a certificate issued by the concerned Block Development Officer dated 8th June, 2017, which was subsequently endorsed on the next date i.e. on 9th June, 2017, by the Assistant Director of Fisheries, Malda. This certificate stated that Samsi Fishery SHG, being the private respondent no.7 herein, was engaged in fishery related cultivation. However, the specific report of the District Magistrate, Malda, as stated earlier, is to the contrary.

In such circumstances, while setting aside the impugned judgment and order dated 11th July, 2017, passed by the learned Single Judge, we dispose of the writ petition with a direction upon the District Magistrate, Malda, to pass appropriate order in respect of the tender notice dated 5th May, 2017, insofar as it related to serial no.60 & 62 ''Jalkar''. The appeal and the application for appropriate order stand disposed of accordingly.