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Calcutta High CourtWPA/8377/2024dismissed

Ashoknagar Sports Association And ANR. v. Government Of West Bengal And ORS.

2024-12-17Hon'Ble Justice Kausik Chanda3 pages

Sl. No.02 17.12.2024 Suman Ct. 15 WPA 8377 of 2024 Ashoknagar Sports Association & Anr.

Vs.

The Government of West Bengal and Ors.

Mr. Soumya Dasgupta Mr. Ritankar Das ..for the petitioners Mr. Sirsanya Bandopadhyay Mr. Debopriyo Karan ..for the State Mr. Rudranil De Mr. Manoranjan Mahata ..for respondent no.8 The petitioners have raised the grievance that the Chairman of Ashoknagar Municipality has placed a padlock on the club building of the Ashoknagar Sports Association, located at the Ashoknagar Stadium (Dr. Bidhan Chandra Ray Krirangan), North 24 Parganas. The learned advocate representing the petitioners submits that the relevant land was leased to the Ashoknagar Sports Association in 1976, and since then, the club has been paying the lease rental regularly. However, without due process of law, the respondent authorities are attempting to evict the club from the premises in question.

In contrast, Mr. Sirsanya Bandopadhyay, learned advocate representing the State, submits that

although a proposal was made to lease the land to the club for a period of thirty years by a letter dated July 17, 1976, from the Assistant Secretary, Government of West Bengal, the lease deed was never executed. The club is currently occupying the premises without any authority from the respondents.

Mr. Bandopadhyay further submits that on July 26, 2017, the Department of Youth Services and Sports took over the management of a significant number of sports infrastructures across the State. The State has constituted committees for rural and urban areas in each district. The relevant urban committee has identified the land in question for the development of sports infrastructure.

Moreover, Mr. Bandopadhyay states that the club was duly notified to vacate the premises and remove its belongings, but the club has not taken any steps to comply with the notices.

Since the petitioners have failed to demonstrate any legal right to occupy the land on which the club is situated, I see no reason to intervene in the action taken by the respondents.

Accordingly, WPA 8377 of 2024 is dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)