AI Structured Summary
Not yet generated for this judgment
Judgment
Rajasekhar Mantha, J
In Re: CAN 603 of 2017
This is an application for recall of the order dated 31st August, 2015 passed by a Co-ordinate Bench of this Court in W.P. No. 16337 (W) of 2004.
Sufficient grounds are made out for absence of the petitioner and/or his Advocates.
Hence, the order dated 31st August, 2015 is recalled.
W.P. No. 16337 (W) of 2004 is hereby restored to its file and number.
Accordingly, the application being CAN 603 of 2017 stands disposed of.
In Re: W.P. No. 16337 (W) of 2004
The petitioner was an employee of the Kalyani University. During the flood in the year 1994, the petitioner was accommodated by the State
Authorities in certain LIG Quarters in a house at B-2/17 in the city of Kalyani.
The said accommodation was temporary and with a view to alleviate the living conditions of the persons who were affected by the floods.
The writ petitioner continued to occupy such accommodation for a period of 10 years notwithstanding the floods having resisted and regular
accommodation made available to him.
The petitioner thereafter claims legitimate expectation and also bases his claim for permanent allotment of the temporary accommodation on cases of
certain other persons, who have been allowed to purchase and/or own the house in which they were temporarily accommodated.
By an order dated 4th May, 2004 passed by a Co-ordinate Bench of this Court in W.P. No. 5209 (W) of 2004, the State Authorities were directed to
consider the petitioner’s request for being allowed to occupy and/or purchase the house unit that was temporarily accommodating the petitioner in
view of the flood of 1994. The State Authorities passed an order declining such prayer.
It was found by the Authorities that no allotment was made to the writ petitioner of the said temporary accommodation nor there was any document
or lease agreement in favour of the petitioner.
It was also recorded that the petitioner could not show any written permission from the Authorities to continue to occupy the said premises.
The impugned order dated 3rd April, 2004 passed by the Estate Manager, Kalyani, Urban Development Department, Government of West Bengal is
under challenge in this writ petition.
This Court has found no vested right in favour of the petitioner to claim any permanent rights in respect of a temporary and ad hoc generosity shown
by the State Government with a view to alleviate the sufferings flood affected persons.
The writ petition is devoid of merit and is hereby dismissed.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.