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Calcutta High CourtWPA(P)/77/2024dismissed

Chakradhar Ghosh And ORS v. State Of West Bengal And ORS.

2024-02-29The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

29.02.2024 PG/KS Ct. No.1 W.P.A.(P) 77 of 2024 Chakradhar Ghosh & Ors.

Versus

The State of West Bengal & Ors.

Mr. Debasish Banerjee Mr. Subrata Saha Mr. Rakesh Jana.......for the petitioners Mr. Saikat Chatterjee .....for the State Mr. Vijay Verma Mr. Abhik Biswas.........for the respondent no. 10

1. The petitioners contend that for a quite long number of years, extent of land was used as a playground by the local people and all of a sudden, authorities are putting up boundary wall and converting it into a Muslim burial ground.

2. Learned Government counsel got instructions, which contained report of the Block Land and Land Reforms Officer dated 19th February, 2024, which stated that the land in L.R. Plot No. 203 measuring 0.93 acres has been classified as "Kabarsthan" in Mouza Mirzatpur and was vested in favour of the State by operation of law as per the provisions of the West Bengal Estates Acquisition Act, 1953. The plot was classified as "Kabarsthan" in CS record and the character of the land is continuing as "Kabarsthan" from CS record to present LR record.

3. In the light of the above, the prayers sought for in the writ petition cannot be acceded to and the writ petition is dismissed.

4. No costs.

5. 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 (HIRANMAY BHATTACHARYYA, J.)