Calcutta High Court (Appellete Side)
Hrishikesh Samanta vs State Of West Bengal & Ors on 18 May, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1 5 18.05. W.P. No.6292(W) of 2018 ns 2018 Hrishikesh Samanta Versus State of West Bengal & Ors.
Mr. Devajyoti Barman, Ms. Sanjukta Basu Mallick ... For the petitioner. Mr. Supriyo Chattopadhyay ... for the Municipality.
The petitioner complains that, Haldia Municipality is encroaching upon the land belonging to the petitioner.
Learned Advocate appearing for the petitioner submits that, the petitioner is the owner of the plot No.2608. He draws the attention of the court to a photocopy of a title deed annexed to the writ petition.
Learned Advocate appearing for the Haldia Municipality submits, on instruction, that, Haldia Municipality has a project for constructing drain. It is executing such project. He suggests that, a joint inspection be made so as to find out whether there is any encroachment or not. He submits that, the petitioner claims possessory right in respect of other plots.
Having considered the rival contentions of the parties, it appears that, the petitioner has title deed in 2 respect of plot no.2608. Consequently, it would be appropriate to direct the Haldia Municipality to undertake a measurement of the plots alluded in the writ petition in the presence of the writ petitioner and representative of the State Government so as to demarcate the plots and the area of the drain concerned. It is clarified that, Haldia Municipality is at liberty to construct the drain in accordance with law without encroaching upon plot no. 2608.
List the writ petition on June 7, 2018 under the same heading when the Haldia Municipality will submit a report.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )