Maa Muktakeshi Potato Freezing Pvt Ltd And Another v. Punjab National Bank And Others

11.08.2021.

Item no. 71.

Court No.13 ap W.P.A. No. 10145 of 2021 (Through Video Conference) Maa Muktakeshi Potato Freezing Pvt. Ltd. & Anr.

Versus

Punjab National Bank & Ors.

Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya, Mr. Subhankar Das, Mr. Neil Basu.

...For the petitioners.

Mr. Ashis Kumar Mukherjee.

...For the Bank.

Affidavit-of-service filed in Court today is taken on record.

Pursuant to an order dated 19th October, 2020 passed by a Co-ordinate Bench of this Court in W.P.A. No.1833 of 2020 (Maa Muktakeshi Potato Freezing Private Limited & Anr. - Vs. - The State of West Bengal & Ors.) the Block Land and Land Reforms Officer, Joypur was directed to demarcate the petitioners' plots, from that of the respondent no.1, Punjab National Bank.

The Block Land and Land Reforms Officer, Joypur pursuant to a notice dated 7th December, 2020, conducted a joint inspection and it is stated that the inspection and demarcation has been done in respect of the petitioners' plots vis-à-vis the plots of the respondent Bank.

The petitioners complain that till date they have not received a copy of demarcated sketch map

from the Block Land and Land Reforms Officer, Joypur.

communication dated 5th April, addressed to the Block Land and Land Reforms Officer, Joypur for the aforesaid purpose has not yielded any result.

In that view of the matter, Block Land and Land Reforms Officer, Joypur shall, within a period of one month from date of receipt of a copy of this order, hand over the aforesaid sketch map duly certified by his Office to the writ petitioners.

The writ petitioners shall be entitled to effect construction of boundary wall on his plot of land in terms of the demarcated sketch map, as may be provided by the Block Land and Land Reforms Officer, Joypur.

In the event, the petitioners are obstructed from effecting construction in terms of the said sketch map, the Officer-in-charge, Joypur Police Station shall render necessary assistance to the petitioners in this regard at the cost of the petitioners.

Since no affidavit-in-opposition has been filed, allegations contrary to the record are denied by the respondent Bank.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)