Inhabitants Of Basantanagar And Sukanta Pally Area In Bhimpur P.S. Rep By Ashim Basunia v. State Of West Bengal And ORS.

Ct. No. 01 WPA(P) 225 of 2022 AN 19.09.2023 Inhabitants of Basantanagar and Sukanta Pally area in Bhimpur Police Station within the exclusive domain of Krishnanagar area, represented by one of the villagers, namely, Ashim Basunia Vs.

State of West Bengal & ors.

Mr. Lalit Mohan Mahata, ld. AGP Mr. Rudranil De ... for the State Mr. Shahan Shah Mr. Soumen Barman ... for respondent nos. 11-15

1. None appears for the petitioner on call.

2. The writ petition has been filed praying for a direction upon the respondent authorities not to fill up the water body comprised in plot of land no. 5500, 5500/6231, 5500/6232 pertaining to Khatian no. 10138, 10140, 10141, 10142, 10144 in Mouza Sonda, J.L.No. 97 within the jurisdiction of Krishnanagar Police Station now Bhimpur within the exclusive domain of the Krishnagar (North) Assembly Constituency in Poragacha Gram Panchayat.

3. Learned counsel representing the State has filed a report submitted by the Officer-in-Charge, Bhimpur Police Station, Krishnanagar, Nadia. On a perusal of the said report, we find that a criminal case has been registered against the said Ashim Basunia in Case no. 126/22 dated 06.04.2022 under Sections 447/384/385/34 Indian Penal Code for the issue of extortion of money from the owners of the land in question and the said Ashim Basunia who is accused in the said criminal case has filed this writ petition

alleging that he is representing the inhabitants of a particular area. In any event, the report also states that the land in question is an agricultural land.

4. Thus, we find that the present application not to be treated as a genuine Public Interest Litigation. Therefore, no relief can be granted in this writ petition and the same stands dismissed.

(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)