Calcutta High CourtWPA/24621/2015dismissed

Sri Sri Durgamata Thakurani Rept By Haripada Mishra & ORS v. State Of West Bengal & ORS

2021-08-04Hon'Ble Justice Ravi Krishan Kapur2 pages

04.08.2021 rc/ct.no.10 Item No.07 WPA No. 24621 of 2015 Sri Sri 'Durgamata Thakurani' represented by Sri Haripada Mishra & Ors. (Sebait)

Versus

The State of West Bengal & Ors.

(VIA VIDEO CONFERENCE) Mr. Sobhan Majumder Mr. Gopal Chakraborty ...for the petitioner Mr. Chandi Charan De Mr. Ziaul Islam Mr. Abdus Salam Mr. Anirban Sarkar ...for the State The grievance of the petitioner is directed against alleged acquisition of the subject premises by the Staterespondents. It is submitted by the Advocate appearing on behalf of the petitioner that the State-respondents have acquired the subject premises for the purpose of construction of a stadium commonly known as Asansol New Stadium. Mr. De, Advocate along with Mr. Islam, Advocate appearing on behalf of the State-respondents submit that this petition is not maintainable on the ground that there are no particulars whatsoever to substantiate that any portion of the petitioner's premises has been acquired by the State. It is also submitted that the petition is lacking in materials particulars and there is nothing to demonstrate that any portion of the premises of the petitioner has been acquired by the State-respondents. It is further submitted

that no documentary evidence in support of the alleged acquisition proceeding have been submitted by the petitioners.

I am of the view that as the failure on the part of the petitioners to submit any documentary evidence in support of the alleged acquisition of the subject premises there is no scope of passing any order in this petition. There is nothing to demonstrate that any portion of the petitioner's subject premises has been acquired for construction of the Asansol New Stadium at this stage.

In view of the aforesaid, WPA No. 24621 of 2015 is dismissed.

The petitioner is granted liberty to file application under Right to Information Act in order to ascertain whether the subject premises has been acquired at all or not.

(Ravi Krishan Kapur,J)