No. 3/13.06.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Revision Petitioner through Mr. Prabir Basu, the Ld. Advocate and O.P. through Mr. P. R. Sinha Sarkar, the Ld. Advocate are present.  O.P. files BNA.

This revisional application is directed against the order dated 06.01.2011 passed by the Forum below in execution case No. 26 of 2009.  JDR is the Revisional Petitioner who filed an application for rejecting the report as filed by the Executive Engineer, Western Electrical Division – II, PWD with further direction upon him to submit a fresh report in this regard.  It appears from the order dated 15.10.2009 passed by the Forum below in the aforesaid execution case that Divisional Engineer, PWD, Purulia Division was appointed as Commissioner for inspection of Blocks A, B & 3 of Sakun Apartment for causing an inspection and submitting report as to whether steel handle pairs fixed the staircase of the said Blocks in the above building have been made smooth for movement of the inhabitants or not.  The said order was passed in presence of the JDR – Petitioner.  The JDR – Petitioner did never challenge the said order in any higher Forum.  Pursuant to the said order the said Commissioner has submitted a report.  The JDR has also miserably failed to establish that the said report was bad on the strength of any material whatsoever before the Forum below.  Further by order dated 17.06.2010 passed in the aforesaid execution case the Executive Engineer, PWD Electrical Purta Bhawan, 1^st Floor, Burdwan, West Bengal was requested to send estimate for installing lightening arrester in the above premises as per the reports submitted by the Divisional Manager, Purulia (D) dated 22.05.2010.  This order also has not been challenged by the JDR in any higher Forum.  Pursuant to the aforesaid orders the Executive Engineer, PWD has submitted his report dated 21.12.2010 before the Forum below.  The JDR – Petitioner has further miserably failed to challenge the said report of the Executive Engineer on the strength of any cogent material. 

In this revisional application neither any case has been made out nor any material has been produced to show that the said report dated 21.12.2010 as submitted by the Executive Engineer, PWD, Western Electrical Division – II was perfunctory or perverse.  In the absence of such material the challenge as made by the JDR – Petitioner in relation to the said report must fail.  Hence we do not find any illegality or material irregularity in the order passed by the Forum below.  This revisional application is accordingly dismissed.