Abdul Anas Khan v. State Of West Bengal And ORS.

09.02.2026 Ct. No. 15 Sl. No.245 skg W.P.A. 30021 of 2024 With IA CAN 1 of 2024 Abdul Anas Khan

Versus

The State of West Bengal & Ors.

Mr. Aniruddha Chatterjee, Sr. Advoate Mr. Sounak Bhattacharya, Mr. Sounak Mondal, Mr. Abhirup Haldar, Mr. Anirban Saha Roy, Ms. Bipasha Bhattacharyya, ... for the Petitioner.

Mr. Ansar Mondal, AGP Ms. Srilekha Bhattacharyya ... for the State-respondents.

Mr. Debabrata Roy, Mr. Sankar Prasad Dalapati, Mr. Samir Kumar Adhikari, Ms. Labanyamoy Sarkar, .....for the respondent No.8.

Mr. Debabrata Roy, Mr. Sudip Sarkar, .... for the respondent in CAN 1 of 2024 The petitioner challenges the order dated December 12, 2024, passed by the Executive Officer, Chandipur Panchayat Samity, Purba Medinipur. By the said order, the Executive Officer declined to issue a licence in favour of the petitioner for operating a cow market. The Executive Officer observed that the land in question is classified as "Haat Khola" and held that unless land is specifically classified as a "Haat," it cannot be utilised as a cow market. In support of this view,

reliance was placed on the decision of this Court in MAT 256 of 2024, wherein the Division Bench held that unless land is classified as a "Haat," the said plot cannot be used for the operation of a cow market.

Learned Advocate appearing for the petitioner, however, has drawn attention to page 26 of the writ petition, which contains a land conversion certificate dated September 28, 2004, issued by the concerned District Land and Land Reforms Officer. The certificate indicates that the relevant plot of land was converted from the classification "Jaal" to "Haat Khola (Cow Market)."

It is, however, noted that the petitioner has not placed on record any document indicating that this conversion certificate was produced before the Executive Officer during the proceedings.

In view of the foregoing, I do not find any justification for keeping the writ petition pending. The order dated December 12, 2024, issued by the Executive Officer, Chandipur Panchayat Samity, Purba Medinipur, is hereby set aside.

The petitioner shall be at liberty to produce the land conversion certificate before the said authority within a period of seven days from the date of this order. Thereafter, the Executive Officer, Chandipur Panchayat Samity, shall take a fresh decision regarding the issuance

of the licence in light of the aforesaid land conversion certificate dated September 28, 2004, within a period of one month from the date of communication of this order, after hearing all concerned parties.

Accordingly, W.P.A. 30021 of 2024, along with CAN 1 of 2024, is disposed of.

(Kausik Chanda, J.)