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Calcutta High CourtWPA/7946/2022disposed

Sk Liakat Ali v. State Of West Bengal And ORS.

2024-11-12Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

12.11.2024 WPA 7946 of 2022 Court No. 35 G.S.Das Sk. Liakat Ali -VsThe State of West Bengal & Ors.

Mr. Mohinoor Rahaman Ms. Maria Rahaman Ms. I. Rahaman ... for the Petitioner Mr. Pantu Deb Roy, ld. AGP Mr. Pannanlal Bandopadhyay ...for the State-respondent The petitioner contends that in a public pathway there has been obstruction created by the respondent nos. 4 to 9 by way of planting trees and by establishing a poultry farm.

The petitioner has enclosed a Photostat copy depicting the map of the area.

In order to ascertain whether the claim of the petitioner relating to the subject-matter in dispute is a public

pathway, the same is to be ascertained by the BL&LRO, Basirhat-II.

Accordingly, it is directed that the concerned officer would assess regarding the correctness of the contentions as to whether the respondent nos. 4 to 9 have acted in a manner thereby obstructing the public at large from using the pathway.

In case, such contention of the petitioner is found to be correct, in that case, the BL&LRO, Basirhat-II will inform the Panchayat Authority, Rajendrapur Gram Panchayat to remove such obstruction.

In case, there is local resistance which is contrary to the finding of the BL&LRO, in that case, the police authorities would render their assistance to the Panchayat Authority.

With the aforesaid observations, WPA 7946 of 2022 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate for the petitioner.

Affidavit of service so filed be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)