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2025 DAILYLAW 41395 (CAL)

SEKHAR GOSWAMI v. STATE OF WEST BENGAL AND ORS.

WPA/23209/2024 · 2025-03-04

Amrita Sinha

body2025

Judgment text

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04-03-2025 Item No.7 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.23209 of 2024 Sekhar Goswami -vs- The State of West Bengal & Ors. Mr. Aninda Lahiri Mr. Arkadipta Sengupta Mr. Tirthankar Dey Mr. Irish Chakraborty …for the petitioner Mr. Tanoy Chakraborty …for the State 1. A report has been filed by the Additional District Magistrate and District Land and Land Reforms Officer, Malda wherein it has been clearly mentioned that the land of the petitioner is classified as ‘itkhola’ and that the same is outside the demarcated area of the water body (chatra beel). The demarcation of the boundary of the water body (chatra beel) is complete. 2. The authority has mentioned that the petitioner is eligible for filing an application for conversion but the note in the report mentions that the application for conversion of the plots would be considered only after an order is passed by the Tribunal in OA No.30/2023/EZ. Reference has been made to an order dated March 22, 2023 passed by the Tribunal in the Original Application. 3. I have perused the order dated March 22, 2023. The same relates to the illegal filling up of the water body, chatra beel. 4. As the authority has come to a considered opinion that the subject land of which the petitioner seeks conversion does not fall within the demarcated portion of the water body, accordingly, there is no requirement of obtaining any further order from the Tribunal for proceeding with the application seeking conversion of the classification of the subject land from itkhola to bastu. 5. It will be open for the petitioner to apply for conversion and the authority shall take necessary steps to consider the application in accordance with law. 6. The petitioner states that he has also applied for mutation of his name in respect of the subject plot. The authority shall consider such prayer of the petitioner in accordance with law. 7. The writ petition stands disposed of. 8. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 9. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2 3