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Calcutta High CourtWPA/17861/2022disposed

Somnath Halder v. State Of West Bengal And ORS.

2023-05-02Hon'Ble Justice Shampa Sarkar2 pages

May 2, 2023 Sl. No.A 77 Court No.19 s.biswas WPA 17861 of 2022 Somnath Halder vs.

The State of West Bengal and others Mr. Anjan Dutta ... for the petitioner Mr. Himadri Sikhar chakroborty Ms. Susnita Saha ... for the State The Court appreciates the steps taken by the Block Development Officer, block Land and Land Reforms Officer, Joint Block Development Officer, Sub-Assistant Engineer (B.P.), Basanti and EA inCharge of Charavidya Gram Panchayat. On the complaint received from the petitioner, a joint inspection was made at the site.

The respondents arrived at the conclusion that the construction of a community toilet at Madhumita Auto Stand, was on a portion of the land belonging to the petitioner and his father. That the petitioner had rightly objected to such construction. Notice has already been issued to the contractor to stop such work.

Under such circumstances, as the authorities are of the view that the construction was being raised on a privately owned land and had also directed the contractor to stop the work, nothing survives in the writ petition. The decision rightly taken by the authorities concerned, shall be binding on all.

The land will be restored to the petitioner.

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 server copy of this order.

(Shampa Sarkar, J.)