Calcutta High CourtWPA/19397/2022disposed

Srirup Kr Das v. State Of West Bengal And ORS.

2023-06-22Hon'Ble Justice Lapita Banerji2 pages

22.06.2023 IN THE HIGH COURT AT CALCUTTA DL-40 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 19397 of 2022 Srirup Kumar Das Vs.

The State of West Bengal & Ors.

Mr. Siddhartha Banerjee .....for the petitioner.

Mr. Tapan Kumar Mukherjee, AGP, Mr. Somnath Naskar ....for the State.

Mr. Soumya Majumdar, Mr. Debanjan Mukherjee ....for the respondent no.5.

Mr. Banerjee, learned counsel appearing on behalf of the petitioner submits that the petitioner is eligible for employment in any State Government organisation including respondent no.5 company being an incumbent in the "land loser" category. The land belonging to the petitioner's father was acquired by the State for setting up a thermal power plant of Haldia Energy Limited.

Mr. Majumder, learned counsel appearing for the respondent no.5/Haldia Energy Limited submits that it is a private company and as such, there is no obligation on the part of the respondent no.5 to provide employment to the petitioner.

Mr. Mukherjee, learned Additional Government Pleader represents the State of West Bengal.

Considering the submissions of the parties and the materials placed on record, this Court directs the respondent no.2/the District Magistrate & Collector, Purba Medinipur to consider the eligibility of the petitioner to be appointed in the "land loser" category. Let the representations dated June 13, 2022 and July 4, 2022 be considered by the respondent no.2. Such representations will be considered upon giving a personal hearing to the petitioner and dispose of by a reasoned order within 8 weeks from date. Such reasoned order shall be communicated to the petitioner within 2 weeks of passing thereof. With the directions aforesaid, WPA 19397 of 2022 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)