Uday Ghosh v. The State Of West Bengal And ORS.

20.03.2025 Item No.7 gd/ssd WPA(P)/58/2025 UDAY GHOSH VS THE STATE OF WEST BENGAL AND ORS.

Mr. Manas Kumar Das ..for the Petitioner.

Mr. Jahar Lal De, Mr. Sourav Choudhury ..for the State.

1. The petitioner seeks for issuance of an appropriate direction to prevent filling up of a water body.

2. From the documents annexed to the writ petition it reveals that the classification of the land in question is Bastu.

3. If that be the classification, the question of treating it as a water body would not arise. In a public interest writ petition there cannot be a prayer to change the classification of a land.

4. The learned Government counsel has placed the copy of the order passed by the SubDivisional Officer and Sub-Divisional Magistrate, Kandi, Murshidabad dated 31.1.2025 wherein the prayer for annulment of patta has been rejected.

5. In such circumstances, the direction sought for in this writ petition cannot be granted.

6. Accordingly, the matter stands dismissed. (T. S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)