Pijush Kanti Dutta Roy v. State Of West Bengal And ORS.

09.08.2021 09.08.2021 Ct. No.10 b.das W.P.A. 12246 of 2021 (Via Video Conference) Pujush Kanti Dutta Roy Vs.

State of W. B. & Ors.

Mr. Chinmay Pal Mr. S. Mondal ...for the petitioner.

Mr. Chandi Charan De Mr. Soumitra Bandyopadhaya ...for the State.

Heard the parties.

The petitioner seeks modification of an order dated 20th July, 2017 passed by the Commissioner of Refugee Relief and Rehabilitation Department, being the respondent No.2 herein.

It is alleged on behalf of the petitioner that the impugned order is ex facie bad and in violation of law. Mr. De appears on behalf of the State respondents and submits that insofar as the penultimate paragraph of the order dated 20th July, 2017 is concerned, the area of the subject premises being House No.448/8 has been wrongfully described as an area of 12 chittaks only. He submits that there is an apparent mistake and the matter be remanded back to the respondent No.2 only

for the limited purpose to correct the area of Building House No.448/8.

This is the only clarification which ought to be made in the order.

I have heard the parties. Even though the petitioner's grievance pertains to issuance of free hold title deed and change of user of the premises, there is no scope of passing any order in favour of the petitioner save and except remanding the matter back to the respondent No.2 for correcting the order dated 20th July, 2017 for the limited purpose of correction of the aforesaid area of the said premises.

It is made clear that I have not gone into the merits of the case.

With the aforesaid directions, WPA 12246 of 2021 is disposed of. However, there will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)