Pradyot Mandal v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 11 02.12.2024 Sc Ct. no.2 WPA 15509 OF 2023 ------------- Pradyot Mandal Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity Mr. Sailendu Sekhar Bayerd Ms. Nupur Chaudhuri.

..... For the Petitioner Mr. Ayan Banerjee Ms. Mita Bag. .

..... For the Respondents State Mr. Partha Sarathi Mondal Ms. Antara Das.

.... For the Private Respondent nos. 7 & 8 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Mukteswar Maity, learned counsel appears for the petitioner.

Mr. Ayan Banerjee, learned State counsel appears for the State respondents.

Mr. Partha Sarathi Mondal, learned counsel appears for the private respondent nos. 7 and 8. The petitioner submits that, the private respondents are the alleged patta holders in respect of the adjoining land of the petitioner as mentioned in detail in paragraph 3 to the writ petition.

The petitioner complains of an encroachment of land at the behest of the private respondents/patta holders under the garb of the alleged patta. The petitioner submitted a representation dated February 8, 2023, Annexure P-5 at page-24 to the writ petition seeking demarcation of the alleged patta land, but the same has not yet been considered.

Learned counsel for the private respondent nos. 7 and 8 relying upon Annexure-P3 at page 21 to the writ petition submits that, the report of the Revenue Inspector dated October 11, 2022 confirms that, the private respondents are the bona fide patta holders. They have not encroached any portion of the land of the petitioner.

After considering the rival contentions of the parties, the respondent no.3 upon prior notice to the petitioner, the private respondents and the respondent no.5 shall cause a physical inspection of the alleged encroachment and demarcate the patta land, if any, in accordance with law and in the light of the existing land records.

This demarcation process shall be carried out and completed by the respondent no.3 positively within a period of four weeks from the date of communication of this order.

The respondent no.3 then shall prepare a report with proper sketch map showing demarcation, if there is

any patta land and shall furnish the report to the petitioner and the private respondents within the said period.

It is made clear that this order is passed only for the purpose of demarcation of the patta land, if any, and not beyond that.

In the event, on the basis of the inspection report anybody has any grievance, the same shall be ventilated before the appropriate jurisdictional forum.

It is made clear that, this Court has made no observation with regard to the portion of the land which is alleged to have been encroached.

It is further made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his contention with regard to the alleged patta land before the respondent no.3 in course of the physical inspection, strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 15509 of 2023 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)