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2016 DIGILAW 784 (CAL)

Sujata Chakraborty v. State of West Bengal

2016-10-03

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. Affidavit of service, filed in Court today, be taken on record. 2. The predecessor-in-interest of the petitioner was allotted a land by the Refugee Rehabilitation Directorate, Government of West Bengal. The said land comprises in C.S. Dag No. 491 (Part-I), Mouza Bonhooghly, being L.O.P. NO. 34, Rabindranagar, Bonhooghly, G.S. Colony No.1, P.O. Bonghooghly, P.S. Baranagar, North 24-Parganas, Kolkata-700108. Such allotment was made in the name of Renuka Chakraborty, wife of Late Amulya Ranjan Chakraborty. Renuka Chakraborty had three sons and daughters. The petitioner’s husband is the eldest son of Renuka Chakraborty. After the death of the said Renuka Chakraborty the widow is sought to be evicted from the plot in question which was originally allotted in the name of Renuka Chakraborty. The petitioner has annexed a copy of the deed of allotment in the name of Renuka Chakraborty being Annexure P-2 to this writ petition. It is the apprehension of the petitioner that because of the death of her husband she may be ousted from the plot in question although she is a member of the family of the original allottee. 3. Learned Counsel appearing for the petitioner has drawn the attention of this Court to a Circular dated 23rd April, 1991 which clarifies the position that the object of allotment is not for the personal benefit of the allottee but to protect the members of the family and/or beneficiaries from the original allottee. Because of such threat of dispossession the petitioner has made an application to the Commissioner, Refugee Rehabilitation Directorate being the respondent no.2 herein. Such application has not yet been considered by the said respondent no.2. 4. Considering the exigency of the situation, the respondent no.2 is directed to take a decision on the said application dated 20th July, 2016 being Annexure P-4 to this writ petition within a period of eight weeks from the date of communication taking into consideration of the aforesaid Circular dated 23rd April, 1981 and the object of the allotment of a particular plot, after giving an opportunity of hearing to the petitioner or her authorized representative. 5. The writ petition is disposed of.