Calcutta High CourtWPA/6077/2022dismissed for non prosecution

Swapan Kumar Ghosh v. State Of West Bengal And ORS.

2022-04-21Hon'Ble Justice Suvra Ghosh2 pages

21.04.2022 21.04.2022 Ct. No.10 b.das WPA 6077 of 2022 Mr. P. Basu Mallick ...for the petitioner.

Mr. Susovan Sengupta Mr. S. Pal ....for the State.

The revised demand notice dated 20th January, 2018 and the order impugned passed by the District Land and Land Reforms Officer, Hooghly 20th December, 2018 are under challenge in this writ petition.

It is submitted on behalf of the petitioner that the respondents have claimed cess for the years 2001-2002 to 2005-2006, 2007-2008 to 2009-2010 and 2012-2013 in violation of an interim order granted by a co-ordinate Bench of this Court in WPA 18853 of 2003, the said writ petition still pending.

The second limb of submission on behalf of the petitioner is that the concerned authority has illegally demanded price of earth for the year 2016-2017 holding unauthorised extraction of earth without taking recourse to the provisions of the Land Reforms Act.

Per contra, learned counsel for the State respondents submits that the petitioner was given sufficient opportunity of hearing by the authority prior to passing the order impugned and the order was passed in terms of

the Land Reforms Act as well as the Land Reforms Manual.

Learned counsel further submits that upon detection of unauthorised extraction of earth from the plot in question by the petitioner, the authority passed the impugned order directing the petitioner to clear the dues with regard to the unauthorised extraction of earth. Learned counsel submits that this aspect may be dealt with by the Land Reforms and Tenancy Tribunal. At this stage, learned counsel for the petitioner seeks liberty to withdraw the writ petition and approach the appropriate forums for redressal of his grievance. Accordingly, the writ petition being WPA 6077 of 2022 is dismissed for non-prosecution. The petitioner is at liberty to approach the appropriate forum/forums for redressal of his grievance.

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

(Suvra Ghosh, J.)