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Calcutta High CourtWPA(P)/618/2022disposed

Anamat Ali Sekh And ORS v. State Of West Bengal And ORS.

2025-08-01Hon'Ble Justice Sujoy Paul,Hon'Ble Justice Smita Das De3 pages

WPA (P) No. 618 of 2022 Anamat Ali Sekh Vs.

State of West Bengal & Ors.

Mr. Amitabrata Roy, Ld. GP Mr. Amal Kr. Sen Mr. Nilotpal Chatterjee, J.G.A Mr. Amrita Panja Moulik Mr. Suddhadev Adak ... for the State Court No. 8 01.08.2025 (Item No. 52 PA (Chamber) 1.

None appears on behalf of the petitioner.

2.

Heard Mr. Amitabrata Roy, Ld. GP appearing on behalf of the State Respondents.

3.

The instant public interest litigation has been filed by the petitioner praying inter alia for the following relief(s):- "a) A Writ of and/or in the nature of Mandamus do issue calling upon the respondent Authorities to ensure that the access and/or path to the agricultural fields of the local people of the area is not blocked by the private respondents;

b) A writ and/or in the nature of mandamus do issue calling upon the respondents to ensure that the local people of the area do not face any inconvenience in cultivating the said premises; c) Rule NISI in terms of prayers (a) above;

d) Rule may be made absolute if no cause or insufficient cause is shown;

e) An interim order may be passed calling upon the respondent Authorities to ensure that the access path to the agricultural fields of the local people of the area is not blocked by the private respondents;

f) An interim order may be passed calling upon the respondents to ensure that the

local people of the area do not face any inconvenience in cultivating the said premises; g) Ad interim orders in terms of the above prayers;

h) Costs of and incidental to this application be borne by the respondents herein; i) Such other or further order or orders be passed and/or direction or directions be given as to this Hon'ble Court may deem fit and proper." 4.

In a nutshell the case of the petitioner is that due to a family dispute inter se between the private respondents, the ingress and egress of the residents of Sripatipur- Ilipur Gram Panchayet, Hooghly being a land known as "Bholar/Jompotar Math" used for cultivation has been hampered due to the reason of blocking the way to reach the field through a path going in between two dag no. 418 and 419 respectively usually used by local villagers. 5.

The villagers being the farmers made a representation to the concerned authorities by a letter dated 23.9.2022 complaining of their difficulties in not reaching the field due to the inaccessibility created by the private respondents by blocking the path. Despite such complaints made the respondent authorities failed and/or neglected to initiate any appropriate action against the erring private respondents.

6.

Considering the aforesaid we deem it proper to dispose of the PIL by directing inter alia, the

respondent No. 3 to dispose of the complaint dated 23.9.2022 regarding the ingress and egress of the farmers to reach their respective fields for cultivation through the path going in between Dag no. 418 and 419 respectively.

7.

The respondent No. 3 shall by affording an opportunity of hearing to the petitioners as well as to all the other connected persons pass a reasoned order within a period of 6 weeks from date and communicate the same to the respective parties (if not already taken). In the event if any decision has already been taken a copy whereof be provided to the petitioner forthwith.

8.

The PIL is disposed of without expressing any opinion on the merits of the case.

(SUJOY PAUL, J) (SMITA DAS DE, J.)