Golam Mostafa Sk. v. State Of West Bengal & ORS

ss/jks 25.01.2022 WPA 28076 of 2017 Golam Mostafa Sk.

Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Tapan Kumar Mukherjee, Sr. Adv.

Mr. Somnath Naskar ... ... for the State Mr. Tapash Kr. Mondal Ms. Priya Ghosal ... ... for the respondent no. 5 This petition has been filed seeking a direction to the respondent Block Development Officer and the Pradhan to stop construction of the road.

The allegation in this petition is that a new road was being constructed from North Chalkenayetnagar Tantubaipara upto Dubojatri Club and the said construction of road is not through the middle portion of Dag Nos. 433,434,435,351,350 and 349 which results into the loss of land to owners of that Dags. Petitioner is not the owner of the land in question and there is no material enclosed with the petition to substantiate the plea that the road was not being constructed through the middle portion.

That apart, this petition was filed in the year 2017. Now, four years have passed. Therefore, the construction of road must have been completed.

Hence, in this circumstances, we do not find any justification to entertain the present petition, which is accordingly dismissed, however with liberty to concerned land owners to raise the grievance in appropriate proceedings, if they so desire.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)