Extracted from the PDF above. The PDF is authoritative.
16 11.03.2025 d.p. In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side
W.P.A. 25854 of 2024
Debesh Saha -versus The State of West Bengal & Ors.
Mr. Kalyan Kumar Chakraborty, Mr. Gopal Krishna Sarkar.
…For the Petitioner.
Ms. Sabnam De Bardhan.
…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 ‘Bagan’ 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
2 requirement of obtaining any further order from the Tribunal for proceeding with the application seeking conversion of the classification of the subject land from bagan 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. Report filed by the Additional District Magistrate & District Land and Land Reforms Officer, Malda signed on 27th February, 2025 is taken on record.
8. The writ petition is disposed of.
9. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)