THE CHAIRMAN, DISTRICT PRIMARY COUNCIL, UTTAR DINAJPUR Vs. SUBODH SINGH AND ORS.
LAWS(CAL)-2017-6-138
HIGH COURT OF CALCUTTA
Decided on June 13,2017

The Chairman, District Primary Council, Uttar Dinajpur Appellant
VERSUS
Subodh Singh And Ors. Respondents

JUDGEMENT

Dipankar Datta, J. - (1.) The Chairman, District Primary School Council, Uttar Dinajpur (hereafter the appellant) calls in question in this appeal the judgment and order dated July 28, 2014 passed by a learned judge of this court while disposing of W.P. 3028 (W) of 2012. By such judgment and order, the appellant was directed to treat the writ petitioners, being the respondents 1 to 3 herein, as "land-looser and forward their name before the concerned authority of the State under that category for necessary approval in accordance with law" as expeditiously as possible but not later than six weeks from date of communication thereof.
(2.) In the impugned judgment and order, the learned judge referred to an order dated April 25, 2012 passed on the writ petition reading, inter alia, as follows: "The only reason for giving direction for filing affidavits is that an allegation has been levelled in paragraph 31 of the writ petition that the private respondent had obtained a land-looser certificate much later than that obtained by the petitioners and it was on that basis that he has been favoured with an appointment letter. If this be true then the petitioners' landlooser certificates ought to have also been considered and it is only in respect of the above that affidavit is directed to be filed."
(3.) On perusal of the counter affidavit filed by the appellant, the learned judge expressed the view that there was no answer to the specific contention raised by the writ petitioners in paragraph 31, consequent whereto the direction, noted above, was issued.;


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