Sk Aminuddin And ORS v. State Of West Bengal And ORS.

13.12.2024 Item No. 9 Ct. No. 15 AKG WPA 10834 of 2024 Sk. Aminuddin & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Partha Chakraborty, Mr. Prabreet Kr. De, Mr. Archisman Chakraborty, Ms. Disha Chatterjee ...for the Petitioners Mr. Shahan Shah, Mr. Soumen Barman, Mr. Sk. Abumusa ...for Respondent No. 7 Mr. M. Ahmed ...for Maheshtala Municipality Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata ...for the State By filing this writ petition, the petitioner challenges, inter alia, an order dated December 28, 2023, issued by the Board of Councillors, Maheshtala Municipality. By this order, Maheshtala Municipality declined to recall a sanctioned plan concerning Dag No. 543/769 in Mouza-Panchur, J.L. No. 203, P.S. Rabindranagar, Dist. South 24 Parganas.

The learned advocate for the petitioner, during the previous hearing, contended that Dag No. 543/769 did not exist. He further asserted that Respondent No. 7 is constructing on the land

owned by him. Additionally, it was argued that no such plot exists in the L.R. Mouza map.

To verify the authenticity of this claim, this Court directed the Block Land & Land Reforms Officer, Thakurpukur Maheshtala (Respondent No. 6), to submit a report. The report filed by the officer suggests that Dag No. 543/769 is listed in both the R.S. and L.R. record of rights. The relevant record of rights has been annexed to the report submitted by the Block Land & Land Reforms Officer, Thakurpukur Maheshtala.

In light of this, the Court is not inclined to interfere with the order passed by Maheshtala Municipality. However, it is clarified that the petitioner may pursue the appropriate forum to challenge the record of rights.

Accordingly, WPA 10834 of 2024 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)