Baisakhi Pal v. The State Of West Bengal & Ors.

Debangsu Basak, J.:— Affidavit of service filed in Court be kept with the record.

2. An order of the District Magistrate exercising jurisdiction under the provisions of the Sarais Act, 1867 is under challenge in the present writ petition.

3. Learned advocate for the petitioner submits that, the show-cause notice was issued by the Additional District Magistrate. The petitioner was called for a hearing by the Additional District Magistrate. The District Magistrate did not hear the petitioner. The District Magistrate has proceeded to pass the impugned order. Therefore, the impugned order is vitiated by the procedural illegalities.

4. Learned Additional Advocate General appearing for the respondents submits that, the Additional District Magistrate had issued the show-cause notice. The petitioner had replied thereto. The matter can thereafter be heard by the District Magistrate, as he is an officer higher in rank than that of the Additional District Magistrate.

5. In such circumstances, it would be appropriate to quash the impugned order. The authorities are at liberty to proceed from the stage of the reply to the show-cause notice, in accordance with law.

6. Needless to say that, the hearing authority will inform the petitioner as to the date and time of the hearing. All points raised by the parties are kept open.

7. W.P No. 28428(W) of 2017 is disposed of accordingly.

8. There shall be no order as to costs.

9. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.