Ar Union Of India & Ors vs Jahangir Chowdhury & Ors
2022 Latest Caselaw 7651 Cal

02      18.11.2022                   RVW 122 of 2021
Ct-08
                                            in
                                     WPCT 28 of 2021
                                           with
                                       CAN 2 of 2021

ar                                    Union of India & Ors.
                                               Vs.
                                   Jahangir Chowdhury & Ors.
                                              with
                                       CPAN 713 of 2022

                        Mr. Siddhartha Lahiri
                        Mr. Deepak Kumar Singh
                        Mr. Debraj Dutta
                                    ... For the Review Applicants/
                                     Union of India

                        Mr. Shuvanil Chakraborty
                        Mr. Debasish Banerjee
                        Ms. Gargi Roy
                                   ... For the Respondents in

Review Application

We have heard the learned counsel appearing for the review applicants.

It is submitted that the judgment and order dated 1st July, 2021 is vitiated due to error apparent on the face of the record. It is further submitted that we have erred in not considering that in the speaking order dated 27th June 2016 passed by the Railway it has been categorically mentioned that the respondents/land losers cannot be considered.

We have repeatedly asked Mr. Siddhartha Lahiri, learned counsel for the Union of India, to show from the writ petition that such ground was taken ever before the Tribunal or before us that had resulted in the order dated 1st July, 2021. Mr. Lahiri has candidly submitted that such ground has not been taken in the writ petition. Moreover, we find from petition of WPCT 28 of 2021 that a specific statement has

been made by the writ petitioners, applicants herein, that the "learned Tribunal failed to consider that the land loser scheme in pursuance of which 28 Land Losers were granted employment cannot be applicable to the respondents herein as because the said scheme is not alive at present and has been superseded vide Railway Board Circular dated 28th September, 2010".

In our earlier order dated 11th November, 2022 we have recorded that the land looser certificates have been disclosed by the respondents in their affidavit-in-opposition but the petitioners did not verify the authenticity of the said documents. The said documents have not been disputed by the review applicants in course of hearing.

On such consideration, the review application being RVW 122 of 2021 fails and is hereby dismissed.

In view of dismissal of the review application we direct the alleged contemnors to comply with the order dated 1st July, 2022.

Let the contempt application being CPAN 713 of 2022 appear on 16th December, 2022.

(Hiranmay Bhattacharyya,J.) (Soumen Sen, J.)