Calcutta High CourtWPA(P)/3/2025disposed

Arjun Bhaskar v. The State Of West Bengal And ORS.

2025-02-20The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

20.02.2025 Item No.25 RP/SG Ct. No.01 WPA(P) 3 OF 2025 Arjun Bhaskar VS.

State of West Bengal & Ors.

Mr. Partha Pratim Roy Ms. Poulami Chakraborty Mr. Samrat Chakraborty ....For Petitioner Mr. Anirban Ray, G.P.

Mr. Sk. Md. Galib, Sr. Govt. Adv.

Ms. Sujata Mukherjee ....For State

1. Affidavit-of-service filed in Court today be kept on record.

2. The petitioner alleges that the private respondents have filled up a water body and with an intention to convert the same into plots for selling. In this regard, a report has been submitted by the Officer-in-Charge, Jiaganj Police Station, Murshidabad PD dated 15th January, 2025, from which it is seen that based on the complaint a case has been registered being FIR No.392/2024 dated 18th October, 2024, under section 4D of the WBLR Act. Thus, prima facie, it appears that there is a filling up of water body. Regarding restoration of water body the appropriate authority will be the District Magistrate, Murshidabad, the second respondent herein, in terms of the notification issued by the Government of West Bengal, Department of Fisheries dated 20th July, 2017.

3. Therefore, there will be a direction upon the District Magistrate, Murshidabad to consider the petitioner's representations and directed an inspection to be conducted by one of his officers and thereafter proceed to take action in accordance with the provisions of the WBLR Act. This direction be complied with within a period of 12 weeks from the date of receipt of the copy of the representation. The petitioner is directed to appear in-person in the office of the District Magistrate, Murshidabad, personally and submits a copy of the Mass petition along with a fresh representation as well as other documents which the petitioner may rely upon, if he so desires, and on receipt of the same the District Magistrate, Murshidabad, shall comply with the above direction after giving an opportunity of hearing to all concerned.

4. With the above direction, this writ petition stands disposed of.

(T.S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)