Smti. Puspa Biswas v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/178/2025 Smt Pushpa Biswas Vs.

The Deputy Commissioner and others Mr. P. M. Lall ... for the petitioner Ms. Babita Das ... for the respondents April 10, 2025 [SR] Item No.18 Mr. P. M. Lall, learned advocate appearing for the petitioner submits that he is a permanent resident of Duke Nagar-I, Swadesh Nagar Gram Panchayat and is a recorded tenant in respect of the land bearing survey no.12/1. In the year 2013, the petitioner along her neighbours surrendered their land for construction of a common pathway from 'Jagadish Biswas's land to Puspa Biswas's land' at Duke Nagar Village. Subsequent thereto, the legal heirs of Late Jagdish Biswas, who previously surrendered their land had filed a civil suit and due to pendency of the same, the construction of common pathway has been stalled.

As a consequence thereof, the petitioner and the adjacent plot holders have been the worst sufferers and they have no permanent way to get access to the main road. In view of such insurmountable inconvenience, the petitioner submitted a representation to the respondent no.1 on 21st February, 2025 with an innocuous prayer that they may be allowed to use the government land bearing survey nos. 18, 166, 163 and 41 for access to the main road and towards egress and ingress. As the said representation has not been considered, the petitioner has approached this Court.

When the matter last appeared for hearing, this Court requested Ms. Das, learned advocate appearing for the respondents to avail necessary instruction as regards the status of the land in survey nos. 18, 166, 163 and 41. Today, Ms. Das has placed before this Court a Form-AM wherefrom it appears that survey nos. 18, 41 and 166 are recorded as pathway and survey no.163 is recorded as roads. Let the said document, as produced, be kept on record. In view thereof, there can be no hindrance in allowing the petitioner and his adjacent plot holders to use the said land in survey nos. nos. 18, 166, 163 and 41 as an access to the main road.

Accordingly, the petitioner and his adjacent plot holders would be at liberty to use the said land in survey nos. nos. 18, 166, 163 and 41 as an access to the main road and towards egress and ingress.

With the above observations and directions, the writ petition is disposed of.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, shall be supplied to the parties as expeditiously as possible, upon compliance of all formalities.

( Tapabrata Chakraborty, J. )