Bachchharaj Bafna And ORS v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 994 of 2024 Bachchharaj Bafna & Ors.

VS The State of West Bengal & Ors.

25.11.2024 (Item No. 18) (AB) Mr. Rwitendra Banerjee Mr. Shibasis Chatterjee .... For the petitioners Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State Affidavit-of-service, filed in Court today, is taken on record.

Mr.

Rwitendra Banerjee, learned counsel appears for the petitioners.

Mr. Chandi Charan De, learned Additional Government Pleader appears for the respondents. This is the second round of writ litigation.

Pursuant to the direction made in the earlier writ petition a reasoned order dated June 6, 2023 has been passed by respondent No. 4 available at pages 44 and 45 to the writ petition. The relevant observation from the said reasoned order is quoted below:

"In view of all the above, I am of the opinion that BDO Office Jalangi has been occupying 1.47 acres of land in plot No. 2398 and 2402 (0.94 acres and 0.53 acres respectively) without any valid document. I am further of the opinion that the said unauthorized possession is liable to be regularized through Direct Land Purchase policy of Govt. of West Bengal as notified vide no. 756-LP/1A-03/14(Pl-II),

dated 25-02-2016 by the L & LR Department from the legal heirs of deceased Benechand Bafna and necessary steps as per the said notifications to be taken by BDO, Jalangi."

In view of the above, the respondent No. 2 shall take all necessary steps in accordance with law to give an immediate effect to the said reasoned order dated June 6, 2023 as quoted above within a period of six months from the date of communication of this order and complete the entire sale process and the related formalities including the payment of sale consideration to be paid in accordance with law within the said period.

The respondent Nos. 6 to 9 shall render all necessary assistance to the respondent No. 2 as and when the same shall be called for and shall carry out all their respective obligations to implement the said Direct Purchase policy in favour of the petitioners. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 994 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)