Calcutta High CourtWPA(P)/41/2025disposed

Sujit Bag v. The State Of West Bengal And ORS.

2025-02-27The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

27.02.2025 Item No.18 PG/KS Ct. No.1 W.P.A. (P) 41 of 2025 Sujit Bag

Versus

The State of West Bengal & Ors.

Mr. Palash Bapari ...........for the Petitioner Mr. Aniruddha Sen Mr. Priyabrata Batabyal Ms. Suchana Banerjee .....for the Respondent No.8

1. The petitioner by way of this public interest litigation has alleged that the 8th respondent i.e. the private respondent has illegally filled up a waterbody, which has been classified in the land records as "Doba".

2. After the writ petition was filed, it appears that the Block Land & Land Reforms Officer, Polba - Dadpur, Hooghly has issued notice to the 8th respondent under Section 4(C) of the West Bengal Land Reforms Act, 1955 (for brevity, "the Act") directing the 8th respondent to restore the waterbody to the previous position.

3. Learned advocate appearing for the private respondent submitted that her client has complied with the direction and used an earth moving equipments and removed the sand and restored the waterbody and has also informed the Block Land & Land Reforms Officer in writing about the restoration by letter dated 16th July, 2024.

4. Since the Block Land & Land Reforms Officer is not represented today, we direct the Block Land & Land Reforms Officer i.e. the 3rd respondent to conduct an inspection of the area and if he is satisfied that the 8th respondent has

restored the pond, an order shall be made to the said effect and copy of which shall be communicated to the writ petitioner.

5. This direction be complied with within a period of two weeks from the date of receipt of server copy of this order.

6. During the course of inspection, if it is found that the 8th respondent has not fully complied with the direction, further direction be issued to the 8th respondent to comply it within a time frame not later than days from such communication.

7. With the aforesaid observations/directions, writ petition stands disposed of.

8. No costs.

9. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

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