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Calcutta High CourtWPA/17530/2021disposed

Sushil Kr Dolui v. State Of West Bengal And ORS.

2022-05-06Hon'Ble Justice Suvra Ghosh2 pages

06.05.2022 06.05.2022 Ct. No.10 b.das WPA 17530 of 2021 Sushil Kr. Dolui Vs.

State of W.B. & Ors.

Mr. Sumit Ray Mr. S. Naskar ...for the petitioner.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

Mr. S. Talukdar Mr. A. Sarkar ...for the KMDA.

Mr. Prosenjit Mukherjee Mr. A. K. Das ...for the respondent No.5.

Heard learned counsels for the parties.

The petitioner contends that the plot of land comprising more or less 7 Cuttah 7 Chittaks of land in Dag No.4179, Khatian No.2233, J.L. No.13, Mouza- Kasba was purchased by the petitioner vide registered deed of sale dated 14th February, 1979.

The petitioner intends to raise a boundary wall in the said property and has prayed for demarcation of his property by the 3rd respondent for the said purpose. The private respondents concede to the prayer of the petitioner and learned counsels for the State respondents and the KMDA also submit that the plot in question may be demarcated by the KMDA with the assistance of the State authorities.

In view of the above, the writ petitioner is disposed of directing the 3rd respondent to demarcate the plot in question with the assistance of the State respondents in the presence of the petitioner and the private respondent or their authorised representatives, in accordance with law, and communicate the report prepared in this regard to the petitioner and private respondent within one month from the date of communication of this order.

The Officer-in-Charge, Kasba police station is directed to render all possible assistance in the said work of demarcation by the authorities.

With the above observations and directions this writ petition being WPA 17530 of 2021 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)