Jayanta Kumar Biswas - (1.) THE CAN has been filed for restoration of the WP that was dismissed for non -appearance of the petitioner. The CAN has been assigned to me. After hearing Mr. Subba appearing for the petitioner and Mr. Sengupta appearing for the respondents, I am of the view that it will be appropriate to allow the CAN and restore the WP to file.
(2.) I have been requested to hear the WP itself. It has been submitted that the WP was ready for final hearing and was appearing as such on the list at the date it was dismissed for non -appearance of the petitioner. Since I have determination to take up the WP for final disposal, I have permitted Mr. Subba and Mr. Sengupta to make their submissions. The WP is dated May 12, 2011 and it was filed questioning a decision of the Estate Manager, Estate Directorate and Ex -Officio Deputy Secretary, Housing Department, Government of West Bengal dated November 23, 2009 (WP p.28).
(3.) THE relevant part of the decision is quoted below: - With reference to above this is to state that his prayer for the transfer of tenancy of flat no. L -5 in Manicktala M.I.G. Govt. Housing Estate in his favour from his deceased mother Uma Sarkar cannot be acceded to because he has not been regularly and permanently residing at the flat in question. He is hereby called upon to hand over the peaceful vacant possession of the aforesaid flat within 15 -(fifteen) days from the date of the receipt of this letter positively failing which appropriate legal steps will be taken to bring the same under Government possession without further reference.;