Extracted from the PDF above. The PDF is authoritative.
26.02.2025 Court No. 35 Item No.28 Rakib
W.P.A. 24859 of 2024
Smt. Sukla Ghosh. VS The State of West Bengal & Ors. Mr. Saumen Datta, Mr. Aniket Mitra, Mr. Tapas Singha Roy. ... for the Petitioner. Mr. Bharat Ch. Simai. ...for the Respondent Nos. 5&6. Mr. Anindya Sundar Chatterjee. ... for K.M.C. Mr. Asish Kumar Guha, Mr. Naren Ghosh Dastidar. … for the State. Report submitted by the Officer-in-Charge, Survey Park Police Station, Assistant Director and BL & LRO, Kolkata, South 24 Parganas as well as Executive Engineer (Civil), Kolkata Municipal Corporation be kept with the record. Copies of the reports be handed over to the learned advocate for the petitioner as well as the private respondents. Learned advocate appearing for the petitioner is aggrieved by the manner in which the land has been demarcated by the BL & LRO, South 24 Parganas and which has been enclosed in the report submitted before this Court. This Court was forced to ask the BL & LRO, South 24 Parganas to conduct a joint inspection only because of the reason that the police authorities submitted a report that in spite of communicating to the Kolkata Municipal Corporation they were not receiving
2 any response. The correctness of the report cannot be gone into by this Court. Petitioner approached this Court as the petitioner’s concern was that an illegal construction was being proceeded with and inspite of informing the police authorities, police authorities were not taking any steps. Petitioner approached the learned Executive Magistrate inspite of directions of the Executive Magistrate, no steps have been taken. Having regard to the limited scope for interfering in the writ petition, I direct that after the report has been submitted police authorities have referred to the General Diary Entry no. 1275 dated 17.02.2025. So far as the construction work is concerned the BL & LRO, South 24 Parganas report reflects that the same is being carried out in the plot being plot no.1002. The same is challenged by the learned advocate appearing for the petitioner as according to the learned advocate appearing for the petitioner construction is carried out at a part of the plot no.998 which has been made available in the earlier sketch map issued by Settlement Officer, Superintendent of Survey.
In view of the petitioner disputing the sketch map which has been enclosed along with demarcation of the plots as also the findings, petitioner would be at liberty to challenge such issues before the appropriate forum, as this Court has no scope to deal with the report of the BL & LRO. 3 Since the police authorities presently have no scope to interfere in aid or assisting the petitioner and the purpose for which they have approached this Court, I am of the view that further pendency of the writ petition is unwarranted. However, the petitioner or for that matter the private respondent is not without any remedy. Petitioner, if so advised will approach the authorities dealing with land matters and/or the Learned or Hon’ble Court concerned. Non filing of the Exception before this Court will not be considered that the parties have accepted the report filed by the Assistant Director and BL & LRO, Kolkata, South 24 Parganas. Both the parties will be at liberty to adduce evidence in their possession before the appropriate Court concerned. With the aforesaid observations WPA 24859 of 2024 is disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)