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Calcutta High CourtWPA(P)/301/2022rejected

Swapan Kumar Sarkar And ANR v. State Of West Bengal And ORS.

2023-02-06Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj2 pages

February 6, 2023 AD 4 Court No.1 SG WPA(P) 301 of 2022 with CAN 1 of 2022 Swapan Kumar Sarkar and another vs The State of West Bengal and others Mr. Dilip Kumar Sinha, Advocate ... for the petitioners Mr. Samrat Sen, ld. AAAG Mr. Jahar Lal De, ld. AGP Ms. Manali Ali, Advocate ... for the State Mr. Uttam Kumar Bhattacharya, Advocate ... for respondent Nos.3, 4 & 5 WPA(P) 301 of 2022 was disposed of by order dated 23.08.2022.

CAN 1 of 2022 has been filed by the writ petitioners seeking modification of the said order.

Submission of learned counsel for the applicants is that the demarcation should be done before the commencement of the work of construction of road as the construction would result in narrow road without removing encroachers. Learned counsel for the State has opposed the application by submitting that the prayer made in the writ petition has been granted and applicants have been set up by the unsuccessful bidders and work order was issued on 16.08.2021 and the object of the application is to stop construction of road which will effect the public. Learned counsel for respondent No.3 has also opposed the application.

WPA(P) 301 of 2022 Having heard learned counsel for the parties and on perusal of the record, it is noticed that in the writ petition the first prayer was for a direction to demarcate the road through Block Land and Land Reforms Officer. Said prayer was not objected to by the respondents.

Hence, the writ petition was disposed of by order dated 23.08.2022 granting the petitioners liberty to file an appropriate application for demarcation before Block Land and Land Reforms Officer, who on receipt of the same was directed to do the needful expeditiously to demarcate the land for the purpose of construction of road.

At that stage, no further grievance was raised. The prayer made in the petition has already been granted. Hence, we find no ground to modify the order passed earlier and CAN 1 of 2022 is rejected.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]