Sanjit Debnath And ORS. v. The State Of West Bengal And ORS.
Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Jurisdiction ------ 46 02.9.2024 WPA 1826 OF 2024 Sc Ct. no.2 ------------ Sanjit Debnath & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Rabi Lal Maitra Mr. Rajit Lal Maitra Mr. Debajit Kundu.
....For the Petitioners Mr. Hirak Barman Mr. Bikash Singha.
....For the Respondents/ State Affidavit-of-service, filed in Court today, is taken on record.
Mr. Rabi Lal Maitra, learned counsel appears through virtual mode for the petitioners.
Mr. Hirak Barman, learned State counsel appears for the State respondents.
The petitioners claim appointments in service as land losers. The issue has already travelled number of occasions in the Writ Court and orders were passed therein. The petitioners claiming appointment submitted representations before the respondent no.4 way back on December 24, 2018,
Annexure-P14 at pages 73 to 77 to the writ petition but no step has been taken as yet.
In view of the above, to subserve justice, the petitioners 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 then upon issuing a prior hearing notice of at least seven days to the petitioners and the respondent no.4 shall decide the issue and the representations of the petitioners, as referred to above, in the light of the case made out in the writ petition by passing a reasoned order in accordance with law.
The entire exercise as directed above, 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 then shall be communicated to the petitioners and the respondent no.4 positively within a further period of two weeks from the date of the reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the petitioners and the petitioners shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no.2 but the same shall not
travel beyond the scope of the case made out in this writ petition.
In the event, the reasoned order goes in favour of the petitioners then with the approval of the respondent no.2, the respondent no.4 shall give an immediate effect to the said reasoned order in accordance with law positively within a period of two weeks from the date of the said reasoned order to be communicated to the respondent no.4.
It is needless to mention that, if the reasoned order goes in favour of the petitioners the respondent no.2 simultaneously shall give its approval for issuance of appointments in favour of the petitioners, 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 1826 of 2024 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)