Adrija Constructions Private Limited And ORS v. State Of West Bengal And ORS.

Item- 4.

WPA 28300 of 2025 04-02-2026 Adrija Constructions Pvt. Ltd. & Ors.

Ct. 19

Versus

State of West Bengal & Ors.

sg Mr. Sankarsan Sarkar Mr. Binoy Kumar Jain Mr. Piyush Jain ...for the petitioners Mr. Sabyasachi Mondal ...for the State Mr. Supratim Dhar, Sr. Adv.

Mr. Rudrajit Sarkar Mr. Aditiya Kanodia ...for the respondent no.6 &7 Mr. Aniruddha Chatterjee, Sr. Adv.

Mr. Aditya Kanodia ...for the respondent no.8 Learned Advocate appearing for the petitioners submits, on instruction, that the petitioners have instructed him to withdraw this writ petition with liberty to approach the appropriate forum.

Mr. Kanodia, learned Advocate appearing for the respondent nos. 6 and 7 submits that the petitioners have approached this Court praying for an order demarcating the lands of the petitioner. He further submits that Bengal Survey Act, 1875 do not empower demarcation of private properties through Government Amins.

Mr. Chatterjee, learned Senior Counsel appearing for the respondent no.8, submits that the petitioners are always free to approach the appropriate forum and for such, no liberty is necessary.

The petitioners have prayed for issuance of a writ of mandamus commanding the respondent nos. 1 to 4 and each of them to demarcate the lands of the petitioners and to erect

land marks at the cost and expenses of the petitioners and also prayed for a direction upon the respondent no.5 to provide adequate assistance to the survey team.

On earlier occasion, after some arguments, Mr. Mitra, learned Senior Advocate prayed for an accommodation to take further instruction from his client.

Today, this matter is appearing under the heading "To Be Mentioned" and the learned Advocate for the petitioners seeks leave of this Court to withdraw this writ petition with liberty to approach the appropriate forum. The respondents have raised an objection as to the maintainability of the writ petition seeking demarcation of the property in question.

Since the petitioners have prayed for leave to withdraw this writ petition with liberty to approach the appropriate forum, this Court is inclined to allow such prayer. Accordingly, WPA 28300 of 2025 stands dismissed as withdrawn with liberty to the petitioners to approach the appropriate forum in accordance with law.

(Hiranmay Bhattacharyya, J.)