Safikul Laskar And ANR v. State Of West Bengal And ORS.

10.01.2023.

Court No.13 Item No.370 pk W.P.A. No. 3909 of 2021 Safikul Laskar and another

Versus

The State of West Bengal & Ors.

Mr. Jahar Lal Ray, Ms. Kavita Rani ...For the petitioners.

Mr. Sayan Ganguly ... for the State.

The I. C., Kultali Police Station has filed a report indicating that the private respondent is running brick field without any legal permit or licence. He has produced royalty deposits made to the BL & LRO towards the earth excavated.

The petitioners are however aggrieved that the private respondent is excavating from the petitioners' land for the purpose of his brick field.

There is admittedly an order of status quo with regard to the nature and character and possession of the suit property passed by the Civil Judge(Junior Division), Third Court at Baruipur, South 24 Parganas in T. S. 179 of 2015.

The O. C., Kultali Police Station shall forthwith submit a detailed report to the court below on the status of the matter today.

Let a copy of this report be also sent to the Office of the BL&LRO, Kultali.

The BL&LRO, Kultali shall enquire under what circumstances the private respondent is excavating the land-in-question without a valid licence.

The Civil Court shall take any step as it may deem fit and proper either on its own motion or an application filed by the writ petitioner in accordance with law.

Let the aforesaid exercise be completed by the Police, BL&LRO and the Court below within two months from date.

The writ petition is disposed of There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)