Jotsna Roy v. The State Of West Bengal And ORS.
04.08.2025 Sl No.76 Ct. No.15 S.A.
WPA 28083 of 2024 Jotsna Roy -vsState of West Bengal & Ors.
Mr. Abhik Das Sharma ...for the petitioner Mr. Sujit Sankar Koley ...for WBSEDCL The petitioner seeks removal of an electricity transformer situated within the jurisdiction of Gobardanga Municipality, North 24 Parganas.
The report filed by WBSEDCL indicates that the transformer was installed to augment the electric supply in the local area. The report further states that the transformer has been installed on Government land, relying on a certificate issued by the Chairman and some Councilors of Gobardanga Municipality. Learned counsel for the petitioner, however, disputes the contents of the report, contending that the transformer has been installed on the petitioner's private land.
The dispute regarding ownership of the land, i.e., whether it is private property or Government land, cannot be adjudicated by this Court in the exercise of its writ jurisdiction.
The petitioner will be at liberty to approach competent Civil Court for redressal of his grievance.
Accordingly, WPA 28083 of 2024 is dismissed.
The order shall not preclude the petitioner from approaching the competent Civil Court for ascertaining her right over the land in question. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.)