Dr. Sambuddha Chakrabarti, J. - (1.) This writ petition is directed against an order passed by the Principal Secretary (Revenue) i.e. the respondent no. 2 rejecting the petitioner's appeal against an order passed by the Deputy Commissioner i.e. respondent no. 3. The petitioner has prayed for a writ of mandamus commanding the respondents to take necessary steps for allotting five acres of land at Krishna Nagar village in Havelock.
(2.) The case of the petitioner is that he made an application before the respondent no. 3 to the effect that his father, late Ranjit Mridha was allotted five acres of agricultural land at Kalapathar in Havelock. He requested them to issue a patta pass book in respect of the said land.
(3.) The respondent no. 3 called for a report from the Tehsildar which disclosed that as per the records no land was allotted to the father of the petitioner in Havelock. The petitioner's father was residing in village Krishna Nagar in Havelock without any allotment. As per the local enquiry, the persons were asked to occupy the lands at Kalapathar but they refused during the allotment. So they asked for allotment at Krishna Nagar village where they were presently residing. The respondent no. 3 observed from report of the Tehsildar that the grandfather of the petitioner was allotted a plot of land measuring 4.05 hectares at village Krishna Nagar. Out of that property, 1.18 hectares of land is recorded in favour of the petitioner and 11 others. The respondent no. 3 observed that the petitioner was a dependent member of the settler family and like others belonging to his category land as admissible under the scheme was provided to him.;