Calcutta High Court (Appellete Side)
Sb. Musst. Monoara Bibi vs State Of West Bengal & Ors on 6 March, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
136 WP No. 2497(W) of 2014
06.03.2014
sb. Musst. Monoara Bibi
Vs.
State of West Bengal & Ors.
Mr. Sandip Ghosh
... For the petitioner.
Mr. Sadhan Kumar Halder,
Mr. Abdus Salam
.. . for the State.
Let the report in the form of an affidavit filed on behalf of
the respondent no.4, being the Block Development Officer,
Basirhat-II, Development Block, District - North 24- Parganas, be taken on record.
Having heard the learned advocates for the parties and upon perusing the instant application as well as the report in the form of an affidavit filed in Court today, it appears that the allegations made in the writ petition do not have any basis at all, since it has been specifically stated by the Block Development Officer, Basirhat-II, Development Block, that upon enquiry it was found that the road was constructed in the interest of the local people and the said road is the only available road for at least 10 to 12 families comprising 60-70 people and they had been using that road for the last 70-80 years for their day-to-day life. As such, the 2 claim of the petitioner regarding the uselessness of that road was not correct.
So far as the main allegation of the petitioner is concerned i.e., Basirhat-II Panchayat Samity, not following section 131 of the West Bengal Panchayat Act, 1973, for acquisition of the land, it has been categorically stated by the Block Development Officer, Basirhat-II Development Block, that such allegation does not have any basis, since no such scheme was executed by the concerned Panchayat Samity. The scheme which had been executed by Chaita Gram Panchayat was mainly for the purpose of developing of the long existing village mud road into a brick soled road and meant for the need of the local people, who were using that road for a long time. As such, the allegation of uselessness of the said road also did not have any basis. In such facts and circumstances of the instant case, as stated above, no relief as prayed for can be granted in favour of the petitioner. The writ petition is liable to be dismissed and is accordingly dismissed.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.) 3