Bisweswar Khatua v. State Of West Bengal And ORS.

S/L 4 27.02.2024 Court No.24 SD WPA 2768 of 2024 Bisweswar Khatua Vs.

The State of West Bengal & Ors.

Mr. Arka Maiti Ms. Gulsanwara Pervin Mr. Asit Kumar De ... for the Petitioner.

Mr. Koushik Chatterjee Mr. Nilanjan Adhikari ... for the Respondent Nos.3-4.

Affidavit of service filed by the petitioner is taken on record.

None represents the private respondents in Court today.

The petitioner has filed objection before the Contai Municipality and before the B.L.&L.R.O., Contai-I Block disclosing his apprehension that the private respondents were taking steps for construction of a religious structure on the municipal road completely blocking the free ingress and egress to the petitioner's property.

Allegation is that the municipal road has been dug up and construction materials collected in front of the premises of the petitioner to start the construction in question. Photographs shown before this Court suggest that construction is yet to start.

Learned advocate representing the Municipality submits, upon instruction that, no construction has been made till date and the writ petition has been filed on mere

apprehension that a religious structure will be constructed thereat.

As it appears that the construction in question is yet to begin and the municipality has been put on notice about the intending construction, accordingly, the Contai Municipality shall keep strict vigil to ensure that public land is not encroached upon or constructed by any third party. Two photographs handed over by the learned advocate for the petitioner be kept with the record. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.

(Amrita Sinha, J.)