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Calcutta High CourtWPA/27938/2017disposed

Sheikh Mujibor & ORS v. The State Of West Bengal & ORS

2021-12-20Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj2 pages

ss/jks 20.12.2021 WPA 27938 of 2017 Sheikh Mujibor & Ors.

Vs.

State of West Bengal & Ors.

(Through Video Conference) Mr. Anirban Ray, GP Mr. T.M. Siddiqui Mr. Nilotpal Chatterjee ... ... for the State None present for the petitioners.

Record perused.

This writ petition was filed in the year 2017. Thereafter, more than four years have passed. In the writ petition the petitioners who are the residents of the village Palashdanga have raised grievance that the graveyard is situated at Dag Nos. 136, 480 and 682 of Police Station - Khandaghosh, Mouza - Palashdanga, J.L. No. 60, Khatian No. 11 of District - Burdwan which is adjacent to Palashdanga village and being used for time immemorial along with the villagers of Kunganagar but the Auqaf Board had unilaterally named the same only as Kunganagar Kabristhan Waqf Estate and thereafter the boundary wall was being constructed to exclude the petitioners.

After filing of the petition much time has lapsed and nobody has come forward to prosecute this petition. Leaned counsel for the State has pointed out that if the petitioners have any grievance in this regard that can

be looked into by the concerned Collector and District Magistrate.

Learned counsel for the State has pointed out that now the district has been bifurcated. Hence, the grievance of the petitioners can be duly looked into by the Collector and District Magistrate, Paschim Burdwan. Hence, we dispose of the present petition granting liberty to the petitioners to approached the Collector and District Magistrate, Paschim Burdwan with proper representation raising their grievance.

If such a representation is filed by the petitioners, the same will be looked into and appropriate decision will be taken after giving opportunity to all the concerned parties in accordance with law expeditiously. (Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)