Somnath Sarkar v. State Of West Bengal & ORS
05-01-2023 ct no. 13 Sl.1 sp WPA 12569 of 2018 Somnath Sarkar -VersusThe State of West Bengal & Ors.
Mr. Gautam Banerjee, Ms. Chumki Das Bairagya ....for the petitioner Mr. Z. Islam, Mr. A. Salam ...for the State Mr. Keshab Chandra Das, Mr. Biplab Adak ...for the respondent no.9 The order dated December 2, is mentioned for correction.
In the cause title of the said order, the expression "WPA No. 12569 of 2022" shall stand corrected to read as "WPA 12569 of 2018".
Let the aforesaid correction be incorporated in the order dated December 2, 2022.
The other parts of the said order shall remain unaltered.
It appears that the dispute relates to cutting of certain 'Mehogini' also called 'Sisu', trees. It is alleged that the trees were part and parcel of a Debottor property. One Mansa Ghosh is stated to have obtained permission of co-sharers/sebaits to cut the said trees for the purpose of ensuring smooth electric supply to the local village was during the rainy and stormy season.
This Court directs the Office-in-Charge, Pursurah Police Station, Hooghly to cause an enquiry as to whether the felling of the entire tree was required for the purpose of ensuring non-disruption of the electricity supply and lines in question. It shall also be enquired as to whether if pruning of the branches of the trees in question was sufficient and whether the entire trees was culled of for any collateral purpose. It shall also be enquired as to whether the permission of the local Panchayat Forest Officials, was necessary and was taken before the trees themselves were culled down.
The Pursurah Police Station shall register formal FIR and make enquiry and file a final report before the Jurisdictional Magistrate, within a period of 3 months from date.
With the aforesaid observations, the writ petition shall stand disposed of.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)