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Calcutta High CourtWPA/13101/2025disposed

Joydev Moyra v. The State Of West Bengal And ORS.

2025-07-01Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 97 01.07.2025 Bpg.

ct.no.35 W.P.A.13101 of 2025 With CAN 1 of 2025 Joydev Moyra

Versus

The State of West Bengal & Ors.

Mr. Lakshminath Bhattacharyya Mr. D. Mozumder.

...for the petitioner.

Mr. K.J. Yusuf Ms. Munmun Ganguly.

...for the State-respondents.

Mr. Pankaj Halder Mr. Sk. Rejaul Alam Mr. Tapas Manna.

...for the private respondent no.10.

Affidavit-of-service filed by the petitioner be kept with the record.

Learned advocate appearing for the petitioner submits that without conversion of the land, the private respondent no.10 had been raising construction. The same is without the permission of the authorities and even if the permission is granted by the authorities that is against the settled provisions of the legislation.

State has submitted a report. Report reflects that the construction materials which were stacked by the respondent no.10 has been subjected to theft.

Consequently, Raidighi P.S. Case No.397 of 2025 has been registered which is presently under investigation.

Learned advocate appearing for the private respondent no.10 submits that he has been legally raising the construction and the accusations made in the writ petition are frivolous.

Be that as it may, since the petitioner has informed the police authorities that without conversion of the land, construction is being raised and there are violations in respect of the West Bengal Land Reforms Act, 1955. Learned Magistrate, if so approached, will assess and ascertain regarding the correctness of the said accusations and thereafter if he deems fit and proper, pass necessary directions upon the police authorities.

With the aforesaid observations, WPA 13101 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)