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Calcutta High CourtWPA/5699/2025dismissed

Asis Adhikary And ORS v. State Of West Bengal And ORS.

2025-03-13Hon'Ble Justice Amrita Sinha2 pages

D/L 04 13.03.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 5699 of 2025 Asis Adhikary & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Anindya Bose Mrs. Sreetama Neogi Mr. Mridul Biswas ...for the Petitioners.

Ms. Somashree Dey Mr. Tanveer S Mandal ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioners apprehend that, their shop rooms may be demolished by the State authorities for the purpose of expansion of the Nandakumar Road.

3. The petitioners have annexed the record of rights to suggest that the places where they are running their business are rayati land, recorded in their names.

4. Learned advocate representing the State respondents submits, upon oral instruction that, as on date no decision has been taken by the authorities to remove or demolish any shop for the purpose of expansion of the subject road.

5. Upon hearing the parties it appears that, the writ petition has been filed on mere apprehension. The decision to expand the road is yet to be taken. There is no cause of action to file the instant writ petition.

6. In view of the above, the writ petition stands dismissed.

7. 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.)