Calcutta High Court (Appellete Side)
Siddhartha Sankar Mondal vs The State Of West Bengal & Ors on 23 August, 2018
Author: Protik Prakash Banerjee
Bench: Protik Prakash Banerjee
Form No.J(2) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Protik Prakash Banerjee W.P.No.4839(W) of 2018 Siddhartha Sankar Mondal
-vs-
The State of West Bengal & Ors.
Mr. Saptangsu Basu
Ms. Suman Agarwal ....for the petitioner
Mr. Subhabrta Datta
Mr. Debashis Sarkar ...for the State
Mr. Siddhartha Banerjee ...for the High Court administration
Heard on : July 2, 9, 23, 2018 & August 23, 2018
Judgment on : August 23, 2018
Protik Prakash Banerjee, J:
The writ petition has been filed on a grievance that despite entitlement to 'A' category accommodation, the petitioner was being made to reside in 'C' category accommodation, though rent was deducted as if he was in occupation of 'A' category accommodation.
While the Commissioner of the Housing Board, Government of West Bengal had decided to take shelter behind the technicality of a prescribed form, thankfully saner counsel prevailed after intervention the learned Advocate- general and the learned junior government advocate intervened in the matter. It is our experience that too strict an emphasis on the letter of the law rather than its substance, often rebounds against the person in authority when such person retires.
Learned advocate for the writ petitioner has informed the court that by a letter dated August 14, 2018 allotment of the accommodation sought has been given to the petitioner. The learned junior government advocate ably assisted by Mr. Sarkar has also produced before this court a copy of the licence issued by the competent authority under the West Bengal Government Premises (Regulation of Occupancy) Act, 1984 showing that a licence has been granted in respect of the Flat No.A-4/8 (A-Type) at Bidhan Abasan R.H.E. as indicated by this court as one of the flats which was vacated. The validity of the licence is till August 12, 2021 whereafter, according to law, renewal will be made. Now that the licence has been granted to the petitioner he is entitled to possession of the flat.
I am told that formal possession has been handed to the petitioner, but that some repair works are to be made to make the flat habitable. Let such repair works be carried out as expeditiously as possible. In the meanwhile, the calculation of amount which had been deducted from the petitioner till the possession was handed over to the petitioner was directed to be made by my order dated July 2, 2018 and it is already completed as I have recorded in my earlier order dated July 9, 2018 when the report of the learned Registrar was found to be satisfactory. Let the amount, which has been deducted from the date the writ petitioner became entitled to 'A' category flat but was not given the possession till August 13, 2018, be refunded to the petitioner without any interest. From the date the petitioner starts physically occupying the said flat he shall be liable to make payment of the rent as such category of accommodation requires him to do whether by way of adjustment of house rent allowance or at his option by adjusting the amount to which he is entitled by way of above refund.
It is expected that as and when vacancies arise and employees become eligible for government houses, the authorities shall not wait until the court intervenes or until the high law officers have to persuade them to act in accordance with law.
This order shall not prevent the writ petitioner from seeking exchange of his flat with any other flat which may fall vacant or is vacant at the same housing estate, nor shall it affect the rights of the writ petitioner to get better accommodation if he becomes so entitled. This order shall not prevent the authorities from proceeding in accordance with law as against the petitioner if he is found to be in violation of any condition of the license.
With the above directions, the writ petition stands disposed of. No costs.
Certified website copy of this order, if applied for, shall be given to the parties.
(Protik Prakash Banerjee, J) Subrata