NANDESWAR NAG Vs. GOVERNMENT OF WEST BENGAL

JUDGEMENT

(1.) The Court: The petitioner in this art. 226 petition dated April 5, 2010 is questioning the reasoned order of the Estate Manager, Estate Directorate & Ex. Officio Deputy Secretary, Housing Department, Government of West Bengal dated March 16, 2010 (at p.62).

(2.) The Government of West Bengal issued an order dated March 5, 2001 ( at p.32) regarding regularization of tenancy in favour of the actual occupants of Government flats under the Estate Directorate other than the recorded allottees or their heirs. It was decided that persons actually residing in the flats from January 1, 2000 or any date prior to that date would be eligible to apply for regularization of tenancy in their names with clear proof of their residence.

(3.) Seeking benefit of the Government order dated March 5, 2001 the petitioner submitted an application dated June 25, 2001( at p.34). He stated that the flat had been originally allotted to one Arun Kumar Roy, and that he was living in the flat from November, 1999. In support of his claim he submitted copies of Ration Card, Election Commission of India Identity Card, Pay Certificate, affidavit of Arun Kumar Roy, Neighbour's Certificate. Then he moved W.P.No.9118(W) of 2009 under art.226 seeking an order commanding the respondents therein to regularize the tenancy in his favour. By an order dated December 7, 2009 (at p.61) the Estate Manager was directed to give a decision. Accordingly, the Estate Manager gave the impugned decision.