Kartick Chandra Prasdhan And ORS v. State Of West Bengal And ORS.

24.06.2025 Court No.13 Item No. 17 sp MAT 1318 of 2022 With CAN 1 of 2022 Kartick Chandra Pradhan & Ors.

Vs.

State of West Bengal and Ors.

Mr. Ranjan Kali, Mr. A. Kundu.

... for the Appellants.

Mr. Lalit Mohan Mahata, ld. A.G.P., Mr. Rudranil De.

..for the State.

1.

The appeal is directed against an order dated 2nd August, 2022 passed by a Single Bench of this Court in WPA 16248 of 2022.

2.

By the impugned order, the Court refused to pass interim orders restraining the private respondents from effecting construction on their property. The appellants assert that the private respondents are filling up of a water body and effecting construction thereat. He relies upon a porcha which described the land as 'Jal'. 3.

Learned counsel for the State Mr. Mahata submits by reference to a report of the BL & LRO that the expression 'Jal' in the classification of land in the District of Purba Medinipur is reference to agricultural land.

4.

It is, therefore, an issue in the writ petitioner as to whether the agricultural land has been applied for conversion to that of a 'bastu' land.

5.

This Court, therefore, only orders that the construction made by the private respondents shall abide by the result of the writ petition.

6.

Mr. Mahata submits on instruction that the construction work has been stopped. He places report of the Patashpur Police Station dated 24.06.2025 to this effect. The same is kept with the record.

7.

With the aforesaid observations, keeping the instruction of the BL & LRO, Patashpur-II, Purba Medinipur dated 20.06.2025 on record along with photographs handed over by the learned counsel for the appellants, Mr. Kali, MAT 1318 of 2022 is disposed of. 8.

Consequently, CAN 1 of 2022 shall also stand disposed of.

9.

There shall be no order as to costs.

10.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)