Calcutta High Court (Appellete Side)
Akb Md. Aktar Ali Gazi & Ors vs The State Of West Bengal & Ors on 15 May, 2015
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
8 15.5.15 W.P. 9663 (W) of 2015
akb Md. Aktar Ali Gazi & Ors.
-Versus-
The State of West Bengal & Ors.
Mr. Sajal Kanti Bhattacharyya
Mr. Sandip Das
Mr. Biswajit Sardar ...For the Petitioners
Mr. Jaharlal De
Mr. Srikanta Paul ...For the State Respondents
Ms. Sarda Parmar ...For the Private Respondent The allegation in the present writ petition, private respondents under the guise of putting up a construction are filling up the pond by creating a false and fabricated document of sale of the said pond. It is further alleged that in spite of representations before the Block Development Officer, Sub-Divisional Officer and Block Land and Land Reforms Officer, right from December 2014, no action whatsoever is taken, therefore, the petitioners have to approach this Court, since public property is being damaged apart from interfering with the natural water resources.
We have gone through the allegations. Notice has already been served upon the private respondents, who categorically deny such act on the part of the private respondents. The fact remains nothing is placed on record to show that any enquiry is conducted into the allegation put forth by the petitioners to various authorities by way of representations.
In the light of seriousness of the matter we direct the Assistant Director, Department of Fisheries, Government of West Bengal, whom we add as party respondent to this writ proceeding, to hold an enquiry by giving opportunity of hearing to the representative or the learned Counsel of the petitioners and the private respondents regarding the complaints made and pass a reasoned order strictly in terms of the statute applicable.
Registry is directed to amend the cause title.
The State respondents are directed to file action taken report before this Court within three weeks after reopening of the Court after the summer vacation.
With these observations, the writ petition is disposed of.
There would be no order as to costs.
( Manjula Chellur, Chief Justice ) 2 Registry ( Joymalya Bagchi, J. )