Loknath Choudhury v. State Of West Bengal

Sl. No.32 22.07.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 7698 of 2020 Loknath Choudhary versus The State of West Bengal & Ors.

Mr. Malay Bhattacharyya Mr. Subhrojyoti Ghosh ... for the Petitioner.

Mr. Naren Ghosh Dastidar Mr. Subas Ray ... for the respondent no.4(Pradhan) Mr. Ziaul Haque ... for the respondent no.6 Mr. Sudipta Panda Ms. Munmun Tewary ... for the State The Block Development Officer, Kanksa Development Block has filed a report before this Court wherefrom it appears that the petitioner as well as the private respondent made construction within their own land without violating their respective boundaries. Construction has been made after taking prior permission from the concerned Gram Panchayat. The Block Development Officer has opined that no illegal construction has been done by either of the parties. According to the petitioner there has been an encroachment by the private respondent. The Court is of the opinion that as regards encroachment of land,

the Pradhan or the State respondents will not be the appropriate authority to decide the issue.

It will be open for the petitioner to approach the appropriate forum for redressal of his grievances, if so advice.

The writ petition stands disposed of.

The report filed by the Block Development Officer dated 13th July, 2022 and the report of the Pradhan, Kanksa Gram Panchayat dated 13th July, 2022 be retained with the records.

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

( Amrita Sinha, J.)