Netai Dhali v. State Of West Bengal And ORS.

26.06.2023 Item No.19 RP/AN Ct. No.1 W.P.A.(P) 293 OF 2023 NETAI DHALI VS STATE OF WEST BENGAL & ORS.

Mr. Sypriyo Kumar Roy Mr. Arijit Chakraborty Mr. Tamal Banerjee Ms. Puja Rajbhor .....for the Petitioner Mr. Lalit Mohan Mahata Mr. Supratim Dhar .....for State Mr. Mir Anuruzzaman .... For Rajpur-Sonarpur Municipality Affidavit-of-service filed in Court be taken on record.

By this Public Interest Litigation the petitioner alleges that the land classified as 'Nayon Julis' on Mouza-Panchpota, J.L. No.42, R.S. Dag Nos.458 where an order of acquisition had already been passed for the purpose of putting up of approach road to Panchpota Bridge has been illegally mutated and at present construction is being carried on thereat.

Learned counsel for the 8th respondent/municipality submits that mutation has been carried out in the name of several persons, who

have not been impleaded as respondents in the petition.

Be that as it may, if the land has already been vested with the State, then that aspect has to be examined by the authority, however, after hearing notice to all the persons in whose name mutation has been done.

Therefore, we direct the 7th respondent/Block Land and Land Reforms Officer to issue notice to the petitioner and all the persons in whose name mutation has been done and conduct an inspection of the area in question in presence of all the parties and thereafter proceed to pass an order on merits and in accordance with law within a period of eight weeks from date of receipt of the server copy of this order.

With the aforesaid directions, this writ petition is disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE (AJAY KUMAR GUPTA, J.)