Sohel Ansary v. State Of West Bengal And ORS.

07.11.2022 IN THE HIGH COURT AT CALCUTTA ML-13 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 21073 of 2022 Sohel Ansary Vs.

The State of West Bengal & Ors.

Ms. Kaberi Ghosh (Dey) ....for the petitioner.

Mr. Santanu Kumar Mitra, Ms. Anandamoyee Ghosh ....for the State.

Mr. Dipankar Ghosh ....for DVC.

Affidavit of service filed in Court today is retained with the records.

The petitioner's grievance in this writ petition is that despite the land being acquired by the State of West Bengal/respondent no.1 for and on behalf of Damodar Valley Corporation/respondent no.4 for thermal power project at Raghunathpur, the petitioner was not appointed in the land loser scheme.

Ms. Ghosh, learned counsel, appearing for the petitioner submits that the petitioner is entitled to be appointed in the land loser scheme. She further submits that the representation of the petitioner as annexed at pages 39-40 of the writ petition has not been considered by the respondent nos.4 to 7. Mr. Mitra, learned counsel, appears for the State.

Mr. Ghosh, learned counsel, appears for the respondent nos.4 to 7.

After considering the rival submissions of the parties and materials placed on record, this Court directs the representation of the petitioner annexed at pages 39-40 should be considered by the Senior Personnel Manager, Damodar Valley Corporation/respondent no.6 within 8 weeks from date. A reasoned order be passed upon giving a personal hearing to the petitioner. Such reasoned order be communicated within 2 weeks from passing of the same.

With the directions aforesaid, the writ petition, being WPA 21073 of 2022, is disposed of.

Since no affidavits have been invited in the present writ petition, all the allegations contained therein are deemed not to have been admitted by the parties.

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.)