Calcutta High CourtWPA/1441/2024disposed

Tarapada Maity And ORS. v. State Of West Bengal And ORS.

2024-11-11Hon'Ble Justice Kausik Chanda2 pages

11.11.2024 Sl No.4 Court No.15 (gc) WPA 1441 of 2024 Tarapada Maity & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sarajit Sen, Mr. Mrinal Kanti Sardar, Ms. Aparna Mandal ...for the Petitioner.

Mr. Anand Farmania, Mr. Sanatan Panja ...for the State.

The affidavit of service filed in Court today is hereby taken on record.

The long-standing dispute between the petitioner and the Egra Police Station requires a final resolution. The petitioner intends to construct a boundary wall, which, according to the Egra Police Station, encroaches upon land belonging to the police department.

The learned counsel for the petitioner, however, submits that the dispute was resolved long ago, and that the petitioner seeks to raise the boundary wall in accordance with the settlement reached in 1992.

The report filed by the Inspector-in-Charge of the Egra Police Station indicates that a survey was conducted to demarcate the boundaries between the petitioner's land and the land of the Egra Police

Station, with the assistance of a Revenue Inspector appointed by the Block Land and Land Reforms Officer, Egra.

The petitioner, however, contends that the land was measured without his knowledge and disputes the measurements taken by the Revenue Inspector.

In light of these facts, I direct the learned District Judge, Purba Medinipur, to appoint an Advocate with expertise in land measurement, who will inspect the premises, take measurements, and demarcate land of the petitioner and the Egra Police Station, providing due notice to both parties. Based on the findings and report of the appointed Advocate, the petitioner shall be at liberty to proceed with the construction of the boundary wall.

Let the registry communicate this order to the learned District Judge, Purba Medinipur.

Accordingly, the writ petition being WPA 1441 of 2024 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Kausik Chanda, J.)