Sadhan Kishor Bera & ORS v. State Of West Bengal & ORS

Item No. 26 In The High Court At Calcutta Constitutional Writ Jurisdiction ( Via Video Conference) 20.01.2021 Ct-24 WPA No. 6957 of 2018 Sadhan Kishor Bera & Ors.

v.

State of West Bengal & Ors.

Mr. Praloy Bhattacharya Ms. Munmun Tewari Ms.Sumita Sarkar ... for the petitioners.

Ms. Rama Halder ... for the State.

Mr. Salil Kumar Maity ... for the respondent no. 6.

The petitioners allege that the private respondents are making construction by encroaching their portion of the land. It appears from records that the Prodhan of the Gurgram Gram Panchayat by an order dated May 11, 2017 permitted the private respondents to make construction strictly in accordance with the plan sanctioned.

As the present allegation is regarding encroachment of private land, the same cannot be decided by the writ Court under Article 226 of the Constitution of India.

In view of the above, the instant writ petition stands dismissed. Dismissal of the writ petition,

however, will not stand in the way of the petitioners from approaching the appropriate forum for necessary relief. Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

sh ( Amrita Sinha, J.)