Antique Glorious Industries Limited And ANR v. State Of West Bengal And ORS.

15.12.2022 15.12.2022 Ct. No.10 b.das WPA 6196 of 2022 Antique Glorious Industries Ltd. & Anr.

Vs.

The State of W.B. & Ors.

Mr. Samiran Mandal Mr. Abhinaba Dan ...for the petitioners.

Mr. Sirsanya Bandyopadhyay Mr. A. K. Nag ...for the State.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

It is contended on behalf of the petitioners that the JCB machine of the petitioners used for production of fly ash bricks was seized by the office of the Beat Officer on 29th November, 2021 on an allegation that the petitioners were excavating soil from the forest land.

The petitioners preferred an appeal before the Chief Conservator of Forest, Central Circle, Government of West Bengal, who by an office memo dated 29th December, 2021 issued to the Divisional Forest Officer, Panchet Division directed joint survey, marking and verification of the plot in question.

Today, the petitioners have submitted a copy of the report issued by the Block Land and Land Reforms Officer, Bishnupur (Bankura) to the Sub-Divisional Officer,

Bishnupur (Bankura) on 16th August, 2022 which records that the plot in question is rayati land.

Learned counsel for the petitioners seeks necessary direction upon the Chief Conservator of Forest, Central Circle, Government of West Bengal to dispose of the appeal in terms of the said report.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of directing the Chief Conservator of Forest, Central Circle, Government of West Bengal, being the 2nd respondent herein, to take a decision in the appeal pending before him in terms of the report of the Block Land and Land Reforms Officer, Bishnupur (Bankura) submitted on 16th August, 2022 and upon affording reasonable opportunity of hearing to the petitioners, if required, within a period of one month from the date of communication of this order, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above observations and directions this writ petition being WPA 6196 of 2022 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)