Rabindranath Das v. State Of West Bengal And ORS.

SK Ct. No. 18 04.03.2021 W.P.A. No. 5213 of 2021 (Via Video Conference) Rabindra Nath Das Vs.

The State of West Bengal & Ors.

Mr. Malay Bhattacharyya, Mr. Subhrajyoti Ghosh ... For the petitioner. Mr. Chandi Charan De, Ld. Addl. Govt. Pleader, Mr. Somnath Mukhopadhyay ... For the State respondents.

Affidavit of service filed in Court today be kept with the record.

The petitioner is claiming to be the owner of 0.62 acres of land comprised in Dag No. 1647 in Mouza Borogobindapur, Police Station Indas under JL No. 59, District - Bankura.

The petitioner claims that 0.62 acres of land comprised in Dag No. 1647 has been acquired in LA Case No. 75/1975-76 and out of the remaining land of the said Dag he has purchased 0.06 acres.

The grievance of the petitioner is that the authorities while executing the work of Indas Kotalpur Road have encroached upon the said purchased land of the petitioner.

The petitioner raised objection and lodged a complaint with the Executive Engineer, Bishnupur Division of Public Works Directorate, the respondent no. 3 herein.

The petitioner complains inaction on the part of the respondents to act on his such complaint.

It appears from the record that the said respondent no. 3 on receipt of the said complaint of the petitioner by his letter dated February 11, 2021 bearing Memo No 118 directed the Assistant Engineer, Sonamukhi Sub-Division, P.W.D., the respondent no. 4 herein to hold joint measurement with the concerned B.L. & L.R.O. to identify the land of the petitioner. The respondent no. 3 has already acted on the complaint of the petitioner, therefore, W.P.A. 5213 of 2021 is disposed of by directing the respondent nos. 4 and 5 to take immediate steps for redressal of the grievance of the petitioner upon identification of the land of the petitioner, such identification shall be made in presence of the petitioner.

The said respondents shall complete their exercise in this regard within a period of six months from the date of communication of this order.

Till identified the respondents shall not carry any activity affecting the land of the petitioner. Since no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have been denied by the respondents.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)