Paresh Koley And ANR v. State Of West Bengal And ORS.

S/L 84(ML) 08.07.2022 Court. No. 19 GB WPA 11121 of 2022 Paresh Koley & Anr.

VS The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal).

... for the Petitioners.

Mr. Suman Ghosh, Mr. Ratul Das.

... for the State.

Mr. Pankaj Kumar Mukherjee.

... for the Respondent No.8.

Mr. Debabrata Saha Roy, Mr. Subhrasankar Das, Mr. Neil Basu.

... for the Respondent No.9.

Mr. Raghunath Adhikary, Ms. Tanaya Banerjee.

... for the Respondent No.10.

Affidavit-of-service filed in Court today, be kept with the record.

The writ petition is based on an apprehension that the police authorities in collusion with the respondent nos.9 and 10, shall grab the property of the petitioners. The learned advocate for the State respondents submits that two other parties had filed separate writ petitions praying for demarcation of their respective properties, by the Block Land and Land Reforms Officer, Joypur on the basis of their deeds of conveyance. The police report indicates that total area of L.R. Plot Nos.32 and 33 are 1.36 acres and 20 acres respectively. Plot No.32 is recorded in the names of Bebottar Sharilal Jew and Govinda Jew and Plot No.33 is recorded in the names of different raiyats. The plot of Maa Muktakeshi Potato Freezing Private Limited was demarcated on the basis of the

order of this Court by the Block Land and Land Reforms Officer. The police authorities also assisted in this process. Thereafter, owner of the Jagat Gouri Rice Mill filed a writ petition being WPA No.3358 of 2022, in which fresh demarcation after examining the deeds of the said Jagat Gouri Rice Mill and Maa Muktakeshi Potato Freezing Private Limited, was directed by a coordinate Bench. Demarcation was conducted on April 22, 2022 upon notice to the Punjab National Bank, Maa Jagat Gouri Rice Mill and Maa Muktakeshi Potato Freezing Private Limited.

The demarcation was made. The boundary walls were permitted to be constructed on the basis of such demarcation. Thereafter, the petitioner no.1 filed an application for demarcation of his area and the area of Krishnakanta Kole in Plot No.33 of Mouza-Baguapara. Application of the petitioner has been accepted and the revenue officer is conducting the field enquiry.

Thus, this Court is unable to understand how the petitioner can allege any involvement of the police authorities in the process of demarcation of his land, which is pending.

Under such circumstances, the writ petition is disposed of without any orders.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)