Sk Aktar Ali v. State Of West Bengal And ORS.

D/L.22.

December 19, 2024.

KAUSHIK.

WPA No.29108 of 2023 Sk. Aktar Ali Vs.

The State of West Bengal & Ors.

Mr. Sk. Moinuzzaman ... for the petitioner.

Mr. Jayanta Samanta Mr. Kushal Biswas ... for the respondent nos. 5 & 6.

Mr. Sankar Prasad Dalapati Mr. Pritam Chowdhury Mr. Safik Dewan ... for the respondent no. 7.

Mr. Satyajit Mahata Mr. Sourav Mondal ... for the respondent no. 9.

Mr. Lalit Mohan Mahata Mr. Rudranil De ... for the State.

This is a second round litigation between the parties.

In an earlier round of litigation being WPA 8022 of 2022, a Coordinate Bench had disposed of the writ petition filed by the petitioner granting liberty to the petitioner to take appropriate steps for proper measurement of the area of land and for demarcation.

It is submitted on behalf of the petitioner that an illegal and unauthorized construction has been undertaken by the private respondent.

On behalf of the State respondents, it is submitted that the petitioner is causing unlawful

hindrance and obstruction in carrying out of any demarcation or measurement of land.

Admittedly, the petitioner has not availed of the liberty, which has been granted by the order dated January 25, 2023 permitting the petitioner to carry out proper measurement and demarcation of the land.

In this background, there is no legally enforceable right which the petitioner has been able to demonstrate to warrant any kind of discretion being exercised in his favour. As such, there is no scope of any relief being granted to the petitioner.

WPA 29108 of 2023 stands dismissed by directing the petitioner to act in terms of the order dated January 25, 2023.

(Ravi Krishan Kapur, J.)