Protik Prakash Banerjee, J. - (1.) 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.
(2.) 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 Advocategeneral 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.
(3.) 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.;