S.G.S.Y. Group v. State Of West Bengal And ORS.

04.03.2021.

d.p.

W.P.A 10250 of 2020 (Via Video Conference) S.G.S.Y.Group & Anr.

-versus The State of West Bengal & Ors.

Mr. Md. Habibur Rahman, Ms. Saba Parween.

...For the Petitioners.

Mr. Susovan Sengupta, Mr. Subir Pal.

...For the State.

The petitioners pray for settlement of the water body in their favour for the purpose of Pisiculture. The prayer of the petitioners has been opposed by the respondents.

It has been submitted that the settlement of the water body will be done in accordance with the provisions of Section 49 of the West Bengal Land Reforms Act, 1955. The writ court, under Article 226 of the Constitution of India cannot decide the issue at this stage.

The respondents also rely upon the West Bengal Land Reforms Manual, 1991.

As it appears that the matter is to be decided in terms of the provisions of the West Bengal Land Reforms Act, 1955 and the connected Manual, this Court, under Article 226 of the Constitution of India cannot decide the issue at this stage.

Accordingly, WPA 10250 of stands dismissed.

Dismissal of the writ petition will however, not stand in the way of the petitioners to approach the appropriate forum in accordance with law, if so advised. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)