Gitarani Maity And ORS v. State Of West Bengal And ORS.

December 14, 2021 Item No.19 Court No.1 SG/s.biswas WPA (P) 332 of 2021 Gitarani Maity and others vs.

The State of West Bengal and others (Through Video Conference) Mr. Satadal Sovan Halder, Advocate ..for the Petitioners Mr. Jaharlal De, Mr. Supratim Dhar, Advocates ..for the State This public interest litigation has been filed by the petitioners seeking a direction to the respondent Nos.5 and 6 not to dig earth from the petitioners' raiyati landed property.

The petitioners have filed the petition pleading that they are the recorded owners in possession of the landed property described in paragraph 2 of the petition and that the respondent Nos.5 and 6 have called the tenders for excavating earth from the Khirai Boxi Khal by engaging the contractors and they are illegally digging earth from the petitioners' land.

The grievance which is raised by the petitioners in this PIL is of personal nature. Therefore, a public interest litigation cannot be maintained for personal cause. Hence, this petition is dismissed with liberty to the petitioners to raise the grievance in appropriate proceedings in accordance with law.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]