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2025 DAILYLAW 13285 (CAL)

PRASENJIT GHOSH AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA(P)/76/2025 · 2025-03-27

Chaitali Chatterjee Das, T S Sivagnanam

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Ct. No.1 D/L 33 RP/SM 27.03.2025 WPA(P) 76 of 2025 Prasenjit Ghosh Versus State of West Bengal and Ors. Mr. Firdous Samim, Adv. Ms. Gopa Biswas, Adv. …For the Petitioner Mr. Jahar Lal De, A.G.P. Mr. Shamim-Ul-Bari, Adv. …For the State 1. In this petition petitioner alleges that certain unknown businessmen are illegally transporting stones and sand using heavy vehicles over the land owned by the petitioner measuring 89 satak, which is a danga land. In paragraph 3 of the writ petition the petitioner admits that they are lawful owner of the said property and some unknown individuals claiming to be businessmen have unlawfully occupied their land and illegally transporting stones and sand using heavy vehicles and attempting to construct an unauthorised road. This, according to the petitioner, has deprived the writ petitioner’s right to the property. 2. Thus, there is a personal interest involved in this writ petition and therefore, personal writ petition cannot be treated as public interest litigation. If certain persons have unauthorisedly trespass into the petitioner’s private property, we grant 2 liberty to the petitioner to approach the authority concerned by way of proper application and if the same is submitted, the matter can be enquired into and an appropriate action can be taken in accordance with law. If any criminal offence committed, it will open to the petitioner to approach the jurisdictional police, namely, the respondent No.10 by way of a complaint, which will be dealt with in accordance with law. 3. With the aforesaid observation, the writ petition is disposed of. (T.S. Sivagnanam) Chief Justice [Chaitali Chatterjee (Das), J.]