JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the order dated 21.01.2020 (Annexure-8 to the writ petition) passed by the respondent No. 3 in Misc. Case No. 01/2020 whereby the representation of the petitioner preferred in the light of the order passed by this Court in W.P. (C) No. 2132 of 2015 has been rejected. Further prayer has been made for issuance of a direction upon the respondents to immediately settle two acres of agricultural land and 12½ decimals of residential land in favour of the petitioner in accordance with Circular No. 4725 dated 16th August, 1972 as also Resolution No. 5/S.Bhu.Vividh-156/2016-6144/Ra dated 21.12.2017 as the petitioner is a retired member of the Armed Forces and is entitled to get the said land settled in his favour.

2. The factual background of the case, as stated in the writ petition, is that the petitioner was a member of the Border Security Forces, who retired from 56 A.P.O. and B.S.F. on 30.09.2006. Thereafter, the petitioner applied for allocation of land at Dhanbad for residential as well as cultivation purposes, which was recommended by the concerned Commanding Officer of B.S.F. The petitioner’s representation was forwarded to the Circle Officer, Govindpur vide Settlement Record No. 15/2007-08 for the purpose of identification of the land to be settled in favour of the petitioner. After due inquiry, the land appertaining to Plot No. 292, Khata No. 103, Mouza-Phuphadih, Circle-Govindpur, District-Dhanbad, measuring an area of 87 Decimals was identified for the purpose of settlement in favour of the petitioner. Thereafter, the petitioner swore an affidavit before the Executive Magistrate, Asansol that he did not hold any immovable property anywhere in India. One Councilor of Asansol Municipal Corporation also issued a certificate to the effect that there was no land in the name of the petitioner or his father within his jurisdiction and thereafter ‘No Land Certificate’ was issued by the competent authority as required by the respondent No. 5 and the same was handed over to the said authority. However, the respondent No. 5 did not take any action in the matter and therefore the petitioner filed the writ petition being W.P. (C) No. 2132 of 2015 before this Court, which was disposed of vide order dated 25.08.2018 passed by this Court giving liberty to the petitioner to file a representation before the respondent No. 3, who was directed to dispose of the same within a period of four weeks from the date of the said representation. Pursuant to the said direction of this Court, the petitioner filed a representation dated 08.10.2018 before the respondent No. 3. However, the respondent No. 3 did not take any action in the matter and as such the petitioner filed Contempt Case (Civil) No. 329 of 2019. During the pendency of the said contempt case, the said representation of the petitioner was rejected vide order dated 21.01.2020 passed in Misc. Case No. 01/2020 on the ground that in view of the latest Resolution No. 5/S.Bhu.Vividh-156/2016-6144/Ra dated 21.12.2017, the petitioner is not eligible for such settlement. Thereafter, the contempt proceeding was dropped. Hence, the present writ petition.

3. Learned counsel for the petitioner submits that in view of the resolution of the State Government dated 21.12.2017, all retired persons of the Armed Forces are entitled to get 2 acres of agricultural land and 12½ decimals of residential land to be settled in their favour. It is further submitted that the petitioner’s representation was filed long back in the year 2007 as per the circular dated 16.08.1972 and thus his representation was required to be considered in view of that circular. The respondent No. 3 has summarily rejected the representation of the petitioner without assigning any reason. The respondents cannot be permitted to frustrate the welfare scheme framed by the Central Government for the benefit of the ex-members of the Armed Forces.

4. Mr. Sandeep Ver