Manoj Mahato v. The State Of West Bengal And ORS.

11.02.2022 rc/ct.no.10 Item No.06 WPA No. 18516 of 2021 Manoj Mahato

Versus

The State of West Bengal & Ors.

Mr. S. Mitra Mrs. Ankita De Mr. Rameswar Sinha ...for the petitioner Mr. Sirsanya Bandyopadhyay Mr. Subhendu Sengupta Mr. Arka Kumar Nag ..for the State The contention of the petitioner, in brief, is that the land in question originally belonging to the grand father of the petitioner was acquired by LA Case No. 72(R) of 76-77 and LA Case No. 73(R) of 76-77 under Tatko Irrigation Scheme. Possession of the land was delivered by the owner to the State-respondents on May 11, 1977.

Referring to Notification issued by the Department of Labour, Government of West Bengal, being No. 301EMP/1M-10/2000 dated August 21, 2002, learned counsel for the petitioner submits that in terms of the said Notification one person belonging to the family of the land loser was eligible for consideration of jobs against vacancies reserved for exempted categories.

The Notification reveals that it shall be applicable only in cases where the land in question was acquired by the Staterespondents on or after October 17, 1977. The petitioner submitted a representation before the concerned authority on 9th January, 2021 for issuance of

certificate in his favour as a member of the land-loser's family for enlistment of his name for consideration of employment in terms of the said notification. The petitioner prays for a direction upon the authority to consider the representation at the earliest. It is submitted by the learned counsel appearing on behalf of the State-respondents that the petitioner is not covered under the said Notification as his land was taken over on May 11, 1977 whereas the Notification is applicable only in cases where the land has been taken over on or after October 17, 1977.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, the writ petition is disposed of directing the respondent no. 3 to consider and dispose of the representation submitted by the petitioner dated January 09, 2021 within a period of two months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties including the petitioner, in accordance with law. With the above observations and directions this writ petition being WPA No. 18516 of 2021 is disposed of. There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)