BIJAN KUMAR BHATTACHARYA v. STATE OF WEST BENGAL AND ORS.
WPA/21637/2025 · 2025-10-28
Raja Basu Chowdhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58734 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58734 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
11. 28.10.2025 Court No.05. (Pritam) WPA 21637 of 2025
Bijan Kumar Bhattacharya. -Vs.-
The State of West Bengal & Ors. Mr. Ashim Ghosal,
Mr. Animesh Mukherjee,
Mr. Sandip Ghosh
...for the petitioner. Mr. Srijan Nayak, Mr. Ankit Sureka, Mr. Asish Dutta. ....for the respondent nos.2, 4 & 5. Mr. Subhadip Biswas. .....for the respondent no.7. 1. Affidavit-of-service filed in court today be taken on record. 2. The present writ petition has been filed to take immediate steps for allocation of 1.5 kotha of land at Sarat Abasan Samabay Samity Limited situated at Block- SA, Sector-II, Salt Lake, Kolkata-700064. The petitioner claims to be a super senior citizen and was an employee working as Work Assistant attached to the office of the Sub-Divisional Officer, Salt lake, Reclamation Sub- Division No.II under the Executive Engineer, Salt Lake, Reclamation Division, Sech Bhavan, Kolkata - 700091. The petitioner claims that during his service life, he had got his name enlisted for allotment of 1.5 kotha of land at
2 Sarat Abasan Samabay Samity Limited situated at Block- SA, Sector-II, Salt Lake, Kolkata-700064 (hereinafter referred to as the said “Co-operative Society which is at present is under Liquidation”. The petitioner claims that he was placed at the third position of the final list of allottees. Unfortunately, neither was the list disclosed to him nor was he allotted the land in question. This prompted the petitioner to make representations before the authorities from time to time. Having failed in his attempt to get any response, he filed an application under the provisions of Right to Information Act, 2005. By an order dated 26th August, 2008, the SPIO attached to the office of the ARCS intimated the petitioner that the information as sought for by him related to a matter which was 29 years old and as such the authority was not in a position to supply such information. Being aggrieved, the petitioner preferred the appeal. On 17th March, 2009, the West Bengal State Chief Information Commission directed the Joint Secretary and the Appellate Authority to make best endeavour to trace out the file and to either confirm or deny issuance of letter as sought for by the petitioner. Ultimately, the said Information Officer by an order dated 18th June 2009 recorded that the Secretary of the Co- operative Society under liquidation was found absent.
Since the Secretary was found absent and the whereabouts of the Secretary could not be located, a show-cause notice was issued as to why an order
3 imposing compensation or penalty shall not be made. The petitioner ultimately could not get any response. In the meantime, the Co-operative Society went into liquidation as would appear from the liquidators’ notice. The petitioner has now approached this Court, inter alia, praying for a direction upon the concerned respondents to take immediate steps for allotment of 1.5 kotha of land in his favour. I find that the petitioner had made an application for allotment on 14th December, 1979. The petitioner contends that his name was placed in serial no.3 for allotment of land. It is also not the case of the petitioner that any allotment was made in his favour. More than four decades have passed. The writ petition has been filed after four decades. There is no document to support the petitioner’s contention. The petitioner has failed to demonstrate or establish any legal right in his favour to seek allocation of 1.5 kotha of land. The writ petition appears to be harasive. 3. Ordinarily, I would have imposed cost but for the fact that the petitioner is a senior citizen of India, I only direct that the writ petition be dismissed. 4. There shall be no order as to costs. 5. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.)