Prakash Chandra Mahato v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 09.01.2025 Ct. no. 2 Sl. No. 43 Moumita WPA 28638 of 2024 Prakash Chandra Mahato Vs.

The State of West Bengal & Ors.

Mr. Priyabrata Batabyal .... For the Petitioner Mr. Chandi Charan De Ms. Reshma Chatterjee ....For the State/Respondent Affidavit-of-service, filed in Court today, is taken on record.

Mr. Priyabrata Batabyal, learned counsel appears for the petitioner.

Mr.

Chandi Charan De, learned Additional Government Pleader appears for the state/respondents. The petitioner's father is the land loser. Father's land was acquired by the state for the public purpose. Monetary compensation has been paid to the father and the father being the actual land loser accepted the monetary compensation without any objection.

The petitioner being the son prays for an employment as under the scheme framed by the state and the law provides for an employment of a family member of the land loser. The father of the petitioner is still alive.

In view of the above, the petitioner prays for leave to withdraw the writ petition. Accordingly, the writ petition stands dismissed as withdrawn.

However, actual land loser shall be at liberty to proceed to pursue the claim, on account of receiving employment. Since the land has been acquired, he may pursue such claim strictly in accordance with law. It is made clear that this Court has not gone into the merits of the writ petition. All points are kept open. (Aniruddha Roy, J.)