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For the Petitioner : Mr. Alok Ghosh.

For the State : Mr. Samiran Giri.

This writ application is directed against an order dated December 29, 1980 passed by the respondent authority cancelling the allotment of a plot of land bearing No. CE-204(10K), Sector -1, Salt Lake. According to the petitioner, on the basis of his application a letter of offer of allotment of a plot of land dated April 30, 1971 was issued in favour of the petitioner. In terms of the above letter of offer of allotment, the petitioner deposited total salami of Rs. 35,000/- (thirty five thousand) for the aforesaid plot of land, then the same was allotted in his favour by a letter of appointment dated September 12, 1974. Subsequently, by virtue of a letter dated October 11, 1980, the petitioner was asked to furnish clearance of the Land Ceiling Authority. The petitioner submitted his reply dated December 10, 1980 to the above direction. Suddenly by virtue of the impugned order, the allotment of the aforesaid plot of land was cancelled by the respondent authority.

Reference may be made to a decision of a Division Bench of this Court in the matter of Rinku Mondal -vs- Union of India reported in (2008)2 Cal. L.T. 439 (H.C.). In view of the above, I am of the opinion that this writ application is maintainable for proper adjudication of this case. The impugned order is quoted below :

"I am directed to refer to your Advocate's Letter dated 10.12.1980 and to inform you that Govt. is unable to allot you any plot at Salt Lake Township as per opinion of Asstt. Advocate for the State of West Bengal as you already hold land more than the ceiling limit as per your return furnished to this Deptt. Hence the allotment made to you vide this Department letter No. 1464-ISL (AL) dated 30.4.1974 on the strength of which you deposited salami and selected plot no. CE-204(10K) is hereby cancelled due to enforcement of U.L. (C & R) Act, 1976. Necessary action is being taken to refund the salami deposited by you."