Ajit Halder v. State Of West Bengal And ORS.

November 23, 2021 Item No. 10 Court No.1 SG/s.biswas WPA (P) 275 of 2021 Ajit Halder vs.

The State of West Bengal and others (Through Video Conference) Mr. Supratick Shyamal, Mr. Dilip Kumar Shyamal, Mr. Gourab Ghosal, Advocates ... for the petitioner Mr. Samrat Sen, Senior Advocate Ms. Manali Ali, Advocate ... for the respondent No.1 The case of the petitioner is that Shyamnagar F. P. School, for imparting education to the children from weaker section, was started by the villagers and that the private respondents have started digging soil from the playground on or about 27th July, 2021 and they are trying to convert the playground of the school into a pond. Further stand of the petitioner is that a representation dated 02.08.2021 was made to the concerned authorities but till now no action has been taken.

Learned counsel for the State has fairly stated that the position in respect of the land of the playground in question is required to be seen in the light of the revenue record and the respondent No.7 is the competent authority to look into the issue.

Having regard to the nature of the controversy which has been raised, we deem it proper to dispose of the present petition with liberty to the petitioner to file a

WPA (P) 275 of 2021 comprehensive representation along with all the relevant records before the respondent No.7. On receipt of such a representation, the respondent No.7 will give reopportunity of hearing to the petitioner, persons against whom the allegation of digging has been made or any other interested party and will take appropriate decision in accordance with law within a period of two months from the date of filing of the representation. The present petition is accordingly disposed of. [Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]