Sultana Zinat Shabnam v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 08.07.2025 Ct. no.2 M/L. List Sl. No. 163 Moumita WPA 14074 OF 2025 Sultana Zinat Shabnam Vs.

The State of West Bengal & Ors.

Mr. Nirmalya Dan .... For the Petitioner Affidavit-of-service, filed in Court today, is taken on record.

Mr. Nirmalya Dan, learned advocate appears for the petitioner.

None appears for the respondents.

Learned advocate for the petitioner submits that there is an extreme urgency in the matter. Hence, the matter cannot wait even if the respondents are not represented. He submits that due notice have already been served upon the respondents. He submits that he has no other option but to press the writ petition, though there is a resolution of the bar.

On the basis of above submissions and in the circumstance stated above, this writ petition is taken up for consideration.

The petitioner claiming to be a land loser by way of land losers' compensation claims employment.

Learned counsel for the petitioner submits that despite repeated demands made before the jurisdictional employment exchange, the name of the petitioner has not been sponsored before the appropriate authority for considering her employment as a land loser.

Considering the issue involved in this writ petition and considering the reliefs claimed therein, it appears to this court that, justice would be sub-served if the claim of the petitioner for sponsorship of her name for employment is considered by the appropriate authority strictly in accordance with law.

In view of the above, the respondent no. 2, as submitted by the learned counsel for the petitioner is the appropriate authority, is directed to consider the case of the petitioner.

The petitioner shall serve a copy of this writ petition along with a copy of today's order upon the respondent no. 2 forthwith.

The respondent no. 2 upon issuing a prior notice of hearing of at least seven days to the petitioner and after granting her an opportunity of hearing shall consider the claim of the petitioner for sponsoring her name in the light of the case made out in the writ petition by passing a reasoned order in accordance with law.

It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points she

wishes to urge by relying upon whatever records and documents she wishes to rely upon before the respondent no. 2 but the same shall not travel beyond her claim for sponsoring her name in accordance with law.

The entire exercise shall be carried out and completed by the respondent no. 2 positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner by the respondent no. 2 positively within a further period of one week from the date of the said reasoned order to be passed.

While considering the claim of the petitioner, the respondent no. 2 shall take into account all the relevant records, documents, papers, policies and the relevant law prevailing on the issue.

It is needless to mention that the petitioner shall be entitled to attend the hearing before the respondent no. 2 along with her one authorized representative. In the event, the reasoned order goes in favour of the petitioner, then the name of the petitioner shall be sponsored by the respondent no. 2 in accordance with law but positively within a period of six weeks from the date of the said reasoned order to be passed. It is made clear that this order shall not create any right or equity in favour of the petitioner, if the

petitioner does not succeed to her claim before the respondent no. 2, strictly in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 14074 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)