Kshudiram Bar And ANR v. State Of West Bengal And ORS.

16.04.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 3808 of 2025 Kshudiram Bar & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sujit Kumar Rath.

...for the Petitioners.

Mr. Vimal Kumar Sahi. Ld. A.G.P.

Mrs. Kakali Naskar.

...for the State.

1.

The petitioners claim to be patta holder in respect of certain plots of land which are alleged to be utilized by the Government for construction of 'segregation shed with toilet and changing room'.

2.

The petitioners allege that the land of the petitioners is being utilized by the Government without paying any compensation.

3.

A complaint was lodged before the District Magistrate and the Sub Divisional Officer, Egra but there is no response to the same.

4.

Learned advocate representing the State respondents relies on the instruction forwarded by the Block Development Officer, Egra-II Development Block dated 24th February, 2025 which mentions about the construction of the segregation shed with toilet and changing room at JL No. 240, Plot no. 242, Khatiyan No. 1 under Egra II Block. The project is for the interest of the public at large.

5.

The record of rights in respect of dag No. 242 annexed to the instruction mentions about the land being the vested land of the State where patta has been granted.

6.

From the documents placed before this Court it cannot be ascertained as to whether the land of the petitioners is being utilized for public purpose or not.

7.

In view of the above, the instant writ petition is disposed of by directing the Sub Divisional Officer, Egra Sub Division to consider the petitioners' representation in accordance with law after giving a reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest but positively within a period of eight weeks from the date of communication of this order.

8.

If it appears that the land of the petitioners is being utilized for public purpose, then necessary steps for grant of compensation shall be taken.

9.

Report dated 24th February, 2025 of the Block Development Officer, Egra-II Development Block is kept with the records.

10. The writ petition stands disposed of.

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

(Amrita Sinha, J.)