(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This appeal is at the instance of original writ petitioners and is directed against the order dated 11th October 2010 passed by the learned Single Judge of this Court in Special Civil Application No. 5523 of 2010 by which the learned Single Judge dismissed the writ petition filed by the present appellants, however, with a liberty to the petitioners to make fresh application for allotment of plot at concessional rate keeping in mind the Government Resolution which was in force at the time, within four weeks from that date. The learned Single Judge further directed that if any such application was made, the concerned authorities should consider the same in accordance with law within a period of six months from the date of receipt of the application from the petitioners.
Being dis-satisfied with the aforesaid order, the writ petitioners have come up with the present Letters Patent Appeal.
After hearing the learned counsel for the parties and after going through the material on record, we find that the respondent-State in their affidavit-in-reply have admitted that there was no fault on the part of the appellants in filing the application within the prescribed time limit but the application did not reach the office of the concerned authority within the prescribed time due to internal administrative reasons. It further appears that rejection of the application of the writ petitioners on the ground of not filing the same within the prescribed time has not yet been communicated to the writ petitioners.
In our opinion, in view of the admitted fact that there was no delay on the part of the writ petitioners in making the application within the prescribed period, there was no justification for dismissing the writ petition with liberty to file fresh application.
In the circumstances, we set aside the order impugned and direct the respondent authorities to decide the application already made by the applicants on merit in accordance with law after giving the appellants an opportunity of hearing, and communicate the decision so taken to the appellants within six weeks from the date of receipt of this order. We make it clear that we have otherwise not gone into the merits of the application of the writ petitioners, and it would be open for the concerned respondent-authority to take appropriate decision in accordance with the law.
With the aforesaid observations, the Letters Patent Appeal is allowed. No order as to costs.
In view of the above order passed in the appeal, the Civil Application does not survive and is disposed of accordingly.
Direct Service is permitted.
[BHASKAR BHATTACHARYA, ACTING C.J.] [A.L.DAVE.
J.] mathew Top