Debasish Panda v. State Of West Bengal And ORS.
ML 142 25.04.2023 Court. No. 19 GB WPA 15989 of 2022 Sri Debasish Panda Vs The State of West Bengal & Ors.
Mr. Koustav Chandra Das, Mr. Narattam Acharyya ... for the Petitioner.
Mr. Jahar Lal De, Ms. Smita Das Dey ... for the State.
Mr. Kamal Mishra, Mr. Pratap Sanfui, Mr. Subhadeep Maitra ... for the Respondent Nos.7 to 9.
Affidavit-of-service filed in Court today, be kept with the record.
The Court does not find that the panchayat authorities have committed any illegality in the matter. The allegation of the petitioner is against the respondent no.7 to 9. The petitioner alleges that the said respondents have tried to excavate a large portion of an agricultural land in order to create a pond for the purpose of pisciculture. According to the petitioner, such excavation would destroy all the agricultural lands around the said pond and the crops would suffer. Mr. Mishra, learned advocate for the respondent nos.7 to 9 denies the allegations and submits that his clients did not change the nature and character of the agricultural land. The remedy of the petitioner is under the provisions of the West Bengal Land Reforms Act, 1955, against the alleged illegal excavation of 'Sali' land for the purpose of creation of a water body. The petitioner has already approached the
District Land and Land Reforms Officer, Purba Medinipur as also the Block Land and Land Reforms Officer, Egra-I Development Block.
The writ petition is disposed of leaving it open to the petitioner to pursue his remedy before the aforementioned authorities in accordance with law, on an urgent basis. The authorities shall act and proceed on the basis of the representation of the petitioner. An opportunity of hearing shall be given to the petitioner as also to all the respondents, before any decision is taken.
Accordingly, the writ petition is disposed of. However, there will be no order as to costs.
All the parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)