DISTRICT : SOUTH 24 PARAGANAS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A NO. OF
2023
In the matter of:
An application under Article 226 of the
Constitution of India;
-And –
In the matter of:
Pradip Kumar Mondal,
Son of Sri Chittaranjan Mondal, aged about 27 years, residing at Village –
Chandipur, Post Office – Kundarali, Police Station – Baruipur, Pin 743610,
District – South 24 Parganas, Mobile No : 8420390817.
.........Petitioner
-Versus-
1.
The State of West Bengal, Department of
Land and Land Reform, service through the Secretary, having its office at
Nabanna (6th Floor), 325, Sarat Chatterjee Road, Shibpur, Howrah,
Pin – 711102.
2.
Collector, Land Acquisition Department,
having its Office at New Treasury Building, 5th Floor, South 24
Parganas (South) Alipore, Kolkata – 700027.
3.
District Magistrate (Land Acquisition),
South 24 Parganas, Office of the Collector, South 24 Parganas, Land Acqisition
Department, New Treasury Building, 5th Floor, Alipore, Kolkata –
700027.
4.
Additional Land Acquisition Officer,
South 24 Parganas, Office of the Collector, South 24 Parganas, Land Acquisition
Department, New Treasury Building, 5th Floor, Alipore, Kolkata –
700027.
5.
Additional District Magistrate (Land
Acquisition), South 24 Parganas, Office of the Collector, South 24 Parganas,
Land Acqisition Department, New Treasury Building, 5th Floor,
Alipore, Kolkata – 700027, Ph. No. 2448-3945/46, Fax No. 2479-0182, Email :
spllaos24pgs@gmail.com
6.
Special Land Acquisition Officer, South
24 Parganas, Land Acquisition Department, New Treasury Building, 5th
Floor, Alipore, Kolkata – 700027.
7.
The Block Development Officer, B.D.O.
Road, Fultala, Baruipur, South 24 Parganas, Kolkata - 700144.
8.
Sub-Divisional Officer, Baruipur, Zilla
Parishad Building, South 24 Parganas, Kolkata – 700144, Tel. No. 033
2433-1081/8579 (F), Email : baruipur.sdo@gmail.com
9.
The Block Land & Land Reform
Officer, Fultala, Baruipur, South 24 Parganas, Kolkata - 700144.
10.
Sabhapati, Baruipur Panchayat Samity, Fultala,
Baruipur, South 24 Parganas, Kolkata – 700144.
11.
Prodhan, Kalayanpur Gram Panchayat, Dhopagachhi,
Baruipur, South 24 Parganas, Kolkata – 700145.
12.
Kalayanpur Gram Panchayat, Baruipur, Dhopagachhi,
South 24 Parganas, Kolkata – 700145.
13.
Joint Director, Directorate of
Employment, Government of West Bengal, having its Office 67, Bentick Street, 4th
Floor, Kolkata 700069.
14.
The Deputy Director of Employment,
Exmpted Category Cell, Directorate of Employment, West Bengal, having its
Office 67, Bentick Street, 3rd Floor, Kolkata 700069.
____Respondents
15.
Sri Bikash Mondal, Son of Late Santosh
Kumar Mondal, residing at Village & Post Office – Malekanghumti, Police
Station – Hingalgaunge, District North 24 Parganas, Pin – 743439.
.........Private Respondents
To
The Hon’ble Prakash
Shrivastava, Chief Justice and His Companion Justices of the Said Hon’ble
Court.
The
Humble petition of the petitioner above named –
Most Respectfully Sheweth:-
1.
That the Petitioner is a Citizen of
India and has been residing at the address given in the cause title of this
application.
2.
That father of the petitioner Chittaranjan
Mondal, was owner in respect of 83 Decimal of land under Mouza – Chandipur,
J.L. No. 46, Khatian Number 1073, Dag Number 531 & 532, Police Station –
Baruipur, District – South 24 Parganas, and 22 decimal land under Mouza –
Chakarber, J.L. No. 48, Khatian Number 1175, Dag Number 22, Police Station –
Baruipur, District – South 24 Parganas.
Photostat
Copy of the Record of Right of father of the Petitioner Chittaranjan Mondal, is
annexed herewith and marked as Annexure – “P-1”.
3.
That for the Public purpose by
initiating LA Case no. 4/52 of 2006-07, the concerned respondent acquired
certain property in the concerned area. Property of father of the Petitioner
also fall in the said acquisition proceeding.
4.
That pursuant to the said acquisition
proceeding, compensation has been paid and according to the policy decision of
the State one member of the family of the Land Looser is supposed to get an
appointment in Government Service under Exempted Category.
Photostat
Copy of such Notification on Payment and Employment are Annexed herewith and
marked as Annexure – “P-2”, Collectively.
5.
That the petitioner is a son of Land
Looser, applied for appointment under Exempted Category. He was asked to enroll
before the Labour Department under Exempted Category. He given his credential
Photostat
Copies of the said application and his credential are annexed herewith and
marked as Annexure – “P-3”.
6.
That the concerned respondent has
proceeded with the case of the petitioner, but ultimately has not been provided
appointment.
Photostat
copies of the steps taken by the concerned respondent are annexed herewith and
marked as Annexure – “P-4”, Collectively.
7.
That the Private Respondent being
similarly situated as that of the Petitioner has already provided with
appointment under Land Looser Scheme.
Photostat
copy of the document in proof of the appointment of the private respondent is
annexed herewith and marked as Annexure – “P-5”, Collectively.
8.
That the concerned respondent has
issued a Certificate stating that the name of the Petitioner has been forwarded
for enrollment in the Exempted Category.
9.
That the Petitioner has made several
representations for getting appointment but he has not been provided with the
same.
Photostat
copy of representations of the petitioner are annexed herewith and marked as
Annexure – “P-6”, Collectively.
10.
That the Petitioner states and submits
that the concerned respondent cannot make any discrimination in getting
appointment under Land Looser Scheme. The Private Respondent although similarly
situated has been enjoying service, while the petitioner, has not been provided
appointment.
11.
That the Petitioner states and submits
that the respondent authorities cannot apply pick and choose option under
specific scheme, while offering appointment to a member of family effected by
land acquisition has been promised.
12.
That the Petitioner states and submits
that delay in offering appointment is a shift of the promise, which a
Government cannot do.
13.
That the Petitioner states and submits
that a progressive Government cannot make any dilatory tactics in executing
its’ promise.
14.
That the Petitioner states and submits
that to look after the welfare of its Citizen is the primarily duty of the
State which the respondents are intentionally denying. As such the respondents
are obliged to follow the scheme.
15.
That the Petitioner states and submits
that offering appointment to a member of Land Looser family is a precondition
of acquisition. In absence of fulfilling such condition warrants the
acquisition proceeding.
16.
Your petitioner being aggrieved and dissatisfied
with the action on the part of the respondent concerned begs to move the
instant application under Article 226 of the Constitution of India on the
following amongst other:-
GROUNDS
I.
For that the concerned
respondent cannot make any discrimination in getting appointment under Land
Looser Scheme. The Private Respondent although similarly situated has been
enjoying service, while the petitioner, has not been provided appointment;
II.
For that the respondent authorities
cannot apply pick and choose option under specific scheme, while offering
appointment to a member of family effected by land acquisition has been
promised;
III.
For that the delay in offering
appointment is a shift of the promise, which a Government cannot do;
IV.
For that a progressive Government
cannot make any dilatory tactics in executing its’ promise;
V.
For that to look after the welfare of
its Citizen is the primarily duty of the State which the respondents are
intentionally denying. As such the respondents are obliged to follow the
scheme;
VI.
For that offering appointment to a
member of Land Looser family is a precondition of acquisition. In absence of
fulfilling such condition warrants the acquisition proceeding;
17.
Your petitioner states that the records of the
instant case are lying outside the ordinary original jurisdiction of the
Hon’ble Court.
18.
Your petitioner humbly submits that there is no
other remedy available to his and the prayers as made herein, if allow shall
redress the petitioner’s grievances effectively.
19.
Your petitioner states that due to paucity of
time some facts may not have been incorporated and your petitioner craves leave
to file supplementary affidavit and your petitioner further crave leave to
produce and refer to relevant papers/ documents at the time of hearing by way
of filling a supplementary affidavit.
20.
That this application is made bona fide and in
the interest of justice.
In the
circumstances the petitioner most humbly prays before the Hon’ble Court that
Your lordships’ would graciously be pleased to pass the following orders:-
a)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates to give appointment
immediately to the petitioner under exempted category for Loosing Land in LA
Case no. 4/52 of 2006-07;
b)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates to give compensation
to the petitioner for delayed period in giving appointment;
c)
A writ in the nature of Certiorari asking the
respondent authorities to produce records related to the instant case before
the Hon’ble Court for proper adjudication;
d)
Rule NISI in terms of prayers (a) & (b)
above.
e)
An appropriate order directing the respondent
authorities to file a report in this regard before the Hon’ble Court.
f)
Such other or further order or orders as your
Lordships may deem fit and proper.
And the petitioner as in duty bound shall ever
pray.
AFFIDAVIT
I Pradip Kumar Mondal,
Son of Sri Chittaranjan Mondal, aged about 27 years, by faith Hindu, by
Occupation unemployed, residing at Village – Chandipur, Post Office –
Kundarali, Police Station – Baruipur, Pin 743610, District – South 24 Parganas,
West Bengal, do hereby solemnly affirm and say as
follows:
1. That I am the petitioner of this
application and I am well acquainted with the facts and circumstances of the
case.
2. That the
statements made in paragraph No. 1, 2, 5, 8, & 9, are true to my knowledge
and those made in paragraphs 3, 4, 6, &
7, are true to my information derived from the records of the case and rest
paragraphs are my respectful submission before this Hon’ble Court.
Prepared in my office The deponent is
known to me
Advocate Clerk to Mr. Sanjib
Bandyopadhyay Advocate
Solemnly affirmed before me
on this the day of February, 2023.
I
certify that all annexures
are
legible.
Advocate.
COMMISSIONER
DISTRICT :South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2023;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Pradip
Kumar Mondal
………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
WRIT PETITION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666.
Email
: aksinghadvocate@rediffmail.com
Enrollment
No. : F/872/2000
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