Makaram Hosen Khan v. The State Of West Bengal And ORS.

D/L 18 13.03.2025 Bpg.

ct.no.35 W.P.A.4759 of 2025 Makaram Hosen Khan

Versus

The State of West Bengal & Ors.

Md. Hasanuz Zaman.

...for the petitioner.

Mr. Joydip Banerjee Mr. Prabir Kr. Ray.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner has approached this Court as the police authorities did not take any steps pursuant to his information dated 20th February, 2025. The main accusation is that the private respondents are trying to make illegal construction by changing the nature and character of the property although the same is prohibited because of the nature of the land concerned.

State has submitted a report which reflects that the petitioner has already approached the Block Land and Land Reforms Officer, Basanti wherein Misc. Case No.6677 of 2024 is pending.

Having considered that the finding of the B.L. & L.R.O. regarding the nature and character of the land is a question of fact, in case the BL & LRO

arrives at an opinion that the character of the land is such that where no construction can be done, the B.L. & L.R.O. will report to the police authorities for taking appropriate steps in accordance with the provisions of the West Bengal Land Reforms Act, 1955. It is directed that the concerned B.L. & L.R.O., Basanti would dispose of the application preferably within a period of three months from the date of the communication of this order.

With the aforesaid observations, WPA 4759 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)