Bholanath Kanodia v. State Of West Bengal And ORS.

Sl. No.26 30.08.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 12998 of 2021 Bholanath Kanodia Vs.

State of West Bengal & Ors.

Mr. Debasish Chattopadhyay Mr. Loknath Paul Mr. Tirthankar Basu ... for the petitioner Mr. Raja Saha Mr. B. Basu Mullick ... for the State Mr. Tapan Kumar Rakshit ... for the respondent nos. 2 & 3 Mr. Emon Bhattacharya Ms. Pooja Sah ... for the private respondent Mr. Achyut Basu Mr. Anirban Saha Ms. Sonam Basu Mr. Srikumar Chakraborty ... for the respondent nos.7 & 8 The petitioner alleges fraud on the part of the respondent nos. 7 & 8 at the time of transferring certain plots of land in their favour.

It has been submitted that fraudulent documents have been relied upon by the respondent nos.7 & 8 for obtaining the sanctioned plan from the Kalyani Municipality.

As it appears that the petitioner primarily alleges fraud on the part of the respondent nos.7 & 8, this Court is of the opinion that the respondent authorities

impleaded in the present writ petition are not the competent authority to decide the issue of fraud. Accordingly, no relief can be granted to the petitioner in the instant case.

It will be open for the petitioner to approach the appropriate forum, in accordance with law, if so advised. The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Amrita Sinha, J.)