Jahir Ali Molla & ANR v. State Of West Bengal & ORS

02.04.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION Ct No.

APPELLATE SIDE W.P.A. 32591 of 2014 rup Jahir Ali Molla & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sk. Abu Abbas Uddin, Mr. Nahid Rahman, Mr. Amit Ganguly.

.... For the Petitioners.

Mr. Ashim Kr. Ganguly, Mr. Jyotsna Roy Mukherjee .... For the State. Mr. Partha Sarathi Bhattacharyya, Ms. Riya Bhattacharyya.

..... for the respondent No. 11.

The matter is taken up for consideration pursuant to the order dated 6th February, 2024 in presence of learned advocates representing petitioners, State respondents and respondent No.11.

It has been jointly submitted by the learned advocate representing the aforesaid parties, that construction which was made on the land in question by the respondent No.11 has already been demolished and to that extent report has been submitted by the District Magistrate and Collector, Hooghly vide memo dated 22nd March, 2024 addressed to the learned advocate representing the State respondents and the same is taken on record. The said memo dated 22nd March, 2024 accompanies the report of the District Magistrate and

other relevant documents.

It has been submitted on behalf of the State respondents upon placing reliance on a communication dated 4th March, 2024 issued by the Joint Block Development Officer, Chanditala-I, Development Block, District Hooghly addressed to the Block Development Officer Chanditala-I, Development Block that the restoration of the land in question is under process. This Court also directed the concerned authorities by previous order dated 6th February, 2024 to restore the original character of the land being L.R. No. 4669 under Mouza Nababpur, J. L. No. 45 within a period of six weeks on demolishing the construction which was made on the said plot of land. Since construction has already been demolished, the time to restore the land in question stands extended for a period of 12 weeks within which period this Court expects that the necessary formalities would be made complete by the concerned authorities for restoration of land to its original position. With the aforesaid observations and directions the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)