Parthasarathi Singhadeb And ORS v. State Of West Bengal And ORS.

09.09.2021 09.09.2021 Ct. No.10 b.das W.P.A. 12803 of 2021 (Via Video Conference) Parthasarathi Singhadeb & Ors.

Vs.

State of W.B. & Ors.

Mr. Tapan Coomaar Dey Ms. S. Chatterjee ...for the petitioners.

Mr. Asish Kr. Guha Mr. Naren Ghosh Dostidar ...for the State.

Mr. M.M. Verma Ms. Hasi Saha ...for the respondent No.7.

Heard learned counsels for the parties.

Grievance of the petitioners is that Bishnupur Municipality being the respondent No.5 illegally encroached upon the land owned by the petitioners and has been occupying the same as a park.

The petitioners approached the Additional District Magistrate (L.A.), being the respondent No.3 herein against such illegal encroachment and by an order dated 21st January, 2020, the respondent No.3 disposed of the application of the petitioners with an observation that the possession of the Bishnupur Municipality over the alleged land and the act of using the same as a park is not supported by any provision of law.

The State respondents hand up a copy of a letter issued by the Bishnupur Municipality on 3rd September, 2021 wherein it is stated that the Municipality has

decided to return the entire plot to the owners, that is, the petitioners herein. The letter is taken on record. Therefore, nothing remains in the writ petition. The writ petition is disposed of with a direction upon the respondent Nos.5 and 6 to deliver possession of the land in question to the petitioners within two months from the date of communication of this order.

WPA 12803 of 2021 is disposed of. There will be no order as to costs.

As affidavits have not been invited, the allegations made this writ petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)