Nilambuj A Registered Partnership Firm v. State Of West Bengal And ORS.

S/L 83 26.06.2025 Court. No. 19 Sourav WPA 7382 of 2024 "Nilambuj" a Registered Partnership Firm Vs.

The State of West Bengal & Ors.

Mr. Probal Mukherjee, Sr. Adv.

Mr. Sougata Mitra Mr. Nikhil Gupta Ms. Soma Chakraborty ...for the petitioner.

Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar ...for the State.

1.

The affidavit-of-service as filed today is taken on record.

2.

At the time of hearing Mr. Mukherjee, learned Senior Advocate appearing on behalf of the writ petitioner draws attention of this Court to Page No. 80 of the instant writ petition being a server copy of the order dated 13.12.2022 as passed by a coordinate Bench of this Court in WPA 3572 of 2022 whereby and whereunder the said co-ordinate Bench on the basis of the submission of the writ petitioner came to a finding that nothing further remained to be adjudicated in the said writ petition since the grievance of the writ petitioner had been addressed by the respondents/authorities.

3.

It is submitted by Mr. Mukherjee that in the said order dated 13.12.2022, it has been recorded that on behalf of the writ petitioner it was submitted that the Additional District Magistrate, District Land & Land Reforms Officer, Purulia was requested to

survey and demarcate the land in terms of the C.S. land and gazette notification provided to him. 4.

It is submitted by Mr. Mukherjee that for the present it is the grievance of the writ petitioner that such demarcation has not yet been done by the respondent no. 3/authority and for his inaction and/or non-action, the writ petitioner is finding difficulty to erect and/or repair the boundary wall of his property particulars of which has been mentioned in paragraph no. 2 of the instant writ petition.

5.

Mr. De, learned AGP appearing on behalf of the respondent/State and its functionaries in his usual fairness submits before this Court that the respondent no. 3/authority may be directed to act in terms of the order dated 13.12.2022 as passed in WPA 3572 of 2022.

6.

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no. 3/authority to demarcate the land in question after making a field verification securing prior service of notice upon the writ petitioner in accordance with law positively within 45 working days from the date of communication of the server copy of this order.

7.

Liberty is given to the learned advocate on record to communicate the server copy of this order to the respondent no. 3/authority.

8.

The respondent no. 3/authority is hereby directed to act on the server copy of this order.

9.

Before parting with, it is further directed that the respondent no. 3/authority on completion of such demarcation report shall provide a copy of the demarcation report to the writ petitioner.

10. With the aforementioned observation, the instant writ petition being WPA 7382 of 2024 is disposed of.

11.

Urgent xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)