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Calcutta High CourtWPA(P)/377/2024dismissed

Satish Kumar Singh v. Union Of India And ORS.

2024-09-05The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

05.09.2024 Item No. 15 PG/KS Ct. No.1 W.P.A (P) 377 of 2024 Satish Kumar Singh, General Secretary of Satyam Society(Regd.)

Versus

The Union of India & Ors.

Mr. Satish Kumar Singh..........petitioner (in person) Mr. Jahar Lal De Mr. Kaustav Bhattacharya.......for the State Mr. Ashoke Kr. Chakraborty, Ld. ASG ......for the respondents 1 to 5

1. We have heard the petitioner appearing in person. This writ petition has been filed as a public interest litigation espousing the cause of the encroachers on railway land.

2. The petitioner has referred to the orders passed under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Along with the writ petition, in the annexures, notices given to the individuals, who are encroachers have been appended.

3. Thus, it is a case, where the action has been taken against encroachers on an individual basis or in other words, on a case to case basis. Therefore, we cannot examine the correctness of the action in a public interest writ petition filed by a third party, who is appearing in person.

4. Therefore, we cannot grant the relief sought for in this writ petition styled as a public interest litigation. Accordingly, the writ petition is dismissed.

5. However, this will not prevent the aggrieved persons from invoking the remedies available to them in accordance with law.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)