Adwaita Adak And ORS. v. State Of West Bengal And ORS.

Court No. 19 WPA 25168 of 2025 (265719) 12.11.2025 Sri Adwaita Adak & Ors.

Vs.

The State of West Bengal & Ors.

(AD 10) (S. Banerjee) Mr. Sanjib Bandyopadhyay ...for the petitioners Ms. Kakali Samajpaty Ms. Tanima Sengupta ...for the State The petitioners claim to be the recorded owners of several plots of land.

Petitioners claim that after publication of the LR Record of Rights, petitioners came to know that the names of certain persons have been recorded as bargadar in the Record of Rights against the plots of the petitioners.

Learned advocate appearing for the petitioners submits that the issue with regard to Barga recording is pending before the Revenue Officer. Learned advocate appearing for the petitioners submits that the respondent nos. 7 and 8 have allowed the respondent nos. 9 and 10 to do the pisciculture activities on the water-body which is owned by the petitioners. Petitioners claim to have submitted

representations before various authorities including the Block Land and Land Reforms Officer, Moyna alleging that the private respondents are forcefully undertaking the pisciculture activities on the property of the petitioners.

The allegation in this writ petition is that illegal pisciculture activities are being carried on by the respondent nos. 9 and 10 with the active support of the respondent nos. 7 and 8. Since, the said respondents do not fall within the expression 'State' under Article 12 of the Constitution of India, no direction can be passed against them.

Since the issue with regard to alleged erroneous recording of Barga in respect of the plots in question is pending before the Revenue Officer, this writ petition is disposed of by directing the concerned Block Land and Land Reforms Officer to take steps in terms of the order dated May 13, 2025 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA 57 of 2024 (LRTT).

(Hiranmay Bhattacharyya, J.)