Dibakar Karan v. State Of West Bengal And ORS.

21.08.2024.

PB Sl. No.22.

Ct. No.14.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 28984 of 2023 Sri Dibakar Karan Vs The State of West Bengal & Ors.

Mr. Soumojit Ballial, Mr. Chittapriya Ghosh, Mr. Goutam Acharya.

......for the petitioner.

Ms. Tapati Samanta.

.....for the State.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury.

......for the WBBPE.

From the report filed by the District Inspector of Schools (P.E.), Howrah signed on 17th January, 2024, it appears that the land in question was gifted by a registered deed of gift being No.1396 in favour of the District Inspector of Schools (P.E.), Howrah. From the records maintained in the office of the District Inspector of Schools (P.E.), Howrah, the original deed was not traceable. The report clearly mentions that the original deed was not submitted in the office of the D.I. As per the records maintained by the Block Land & Land Reforms Officer, Bagnan-I the

land is recorded in the name of Tarapada Khan measuring 3 decimal area. The land is reported to be lying vacant and unutilized. The District Inspector of Schools (P.E.), Howrah has categorically mentioned that the land will not be required by the office and the owner may take the same back.

Learned advocate representing the petitioner is agreeable to take back the subject land.

It appears that possession of land was never taken by the District Inspector of Schools.

In view of the above, it will be open for the recorded owners or their successors-in-interest to take steps for resumption of the subject land in accordance with law. The respondent authorities ought not to raise any objection at the time of resumption of land by the lawful owner(s).

Writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties as early as possible.

(Amrita Sinha, J.)