Baladev Sarkar v. State Of West Bengal & ORS

24-03-2023 ct no. 13 Sl.28 pk WPA 22529 of 2018 With CAN 1 of 2019 (Old No. CAN 12004 of 2019) Baladev Sarkar -VersusThe State of West Bengal & Ors.

Mr. Raju Mondal ...for the petitioner CAN 1 of 2019 (Old No. CAN 12004 of 2019) Sufficient grounds are available explaining the absence of the writ petitioner and/or his advocate on October 30, 2019.

The order dated October 30, 2019 is recalled. The writ petition is restored to its original file and number.

Accordingly, CAN 1 of 2019 is allowed and disposed of.

WPA No. 22529 of 2018 The petitioner is aggrieved that Indus Police Station has not considered the petitioner's complaint dated 27.08.2018 as regards cutting off a number of valuable trees by miscreants. The letter of complaint is addressed to the SDLLRO, Bishnupur, Bankura.

It is alleged that trees have been cut to seek conversion of the subject land under the

provisions of the WBLR Act, 1955. The petitioner is a co-sharer in the said land.

The subject of the letter indicates that the petitioner is aggrieved by an attempt at wrongful conversion. While there are elements of illegality in the letter of complaint, this Court is of the view that the petitioner could have approached the Magistrate under Section 156(3) of the Cr. P.C. after complying with the requisites therefor. The entertainment of the complaint by the Indus Police Station in 2023, would serve little or no purpose. W.P.A. 22529 of 2018 is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)