Sujata Reja v. State Of West Bengal And ORS.

12.12.2024 AN/Ct. No.07 WPA 11349 of 2021 with CAN 1 of 2023 (Old No.: CAN Sujata Reja versus State of West Bengal & ors.

Ms. Pampa Dey (Dhabal) Ms. Sangita Banerjee Mr. Biswarup Chatterjee Mr. Debashis Samanta ... for the petitioner Mr. U. K. Jana Mr. Syed Murshid Alam Mr. Subrata Ghosh Ms. Amrita Sen ... for respondents 8 & 9 The petitioner, who claims to be an owner of an agricultural land, alleges that the private respondents are running the brick field business on plot nos. 1060; 1063; 1069; 1092; 1095; 1076; 1065; 1070; 1093 and 1096 at village Syampukur, P.O. Saspur under Police Station Indas in the District of Bankura.

Record reveals that the District Land & Land Reforms Officer, Bankura in a proceeding being Misc. Case No. 07/16 has passed an order on 15.06.2016. The District Land & Land Reforms Officer, Bankura in the said order took note of the order of the National Green Tribunal, Eastern Zone and that the closure notice was issued to brick field owners including the brick field owned by the private respondents herein and held that no clearance has

been issued to any of the brick fields. The said order further records that the Superintendent of Police, Bankura Distrct was requested to ask the concerned Inspector of the Indas Police Station to close down the brick field immediately and to submit a report within the time limit indicated in the said report.

By the subsequent order dated 20.06.2016, the District Land & Land Reforms Officer, Bankura recorded that the Officer-in-Charge of the Indas Police Station went to the spot and closed down the brick field.

Learned counsel appearing for the private respondents submits that the private respondents are not carrying any business of brick field on the said plots of land or on any other plot of land. He further submits that that the private respondents have not violated the closure order passed by the concerned authorities. Such submission of the learned counsel appearing for the private respondents is placed on record. The closure order has been passed by the competent authority. There is nothing on record to indicate that the District Land & Land Reforms Officer, Bankura or any other competent authority has issued any clearance certificate to the brick fields. This Court is, therefore, of the considered view that nothing survives to be decided in this writ petition. The Officer-in-Charge, Indas Police Station, Bankura is directed to carry out surprise inspections at the locale at regular intervals and ensure that the order of the

National Green Tribunal or the order of the authorities are not violated by the private respondents. The respondent authorities are directed to ensure that the private respondents do not carry on brick field business without obtaining permission from the concerned authorities. Accordingly, the instant writ petition stands disposed of.

There shall be, however, no order as to costs. Consequently, the connected application also stands disposed of.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Hiranmay Bhattacharyya, J.)