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Calcutta High Court (Appellete Side)

Shyam Sel & Power Limited & Ors vs The State Of West Bengal & Ors on 29 September, 2023

Item No.13

                       In the High Court At Calcutta
                      Constitutional Writ Jurisdiction
                               Appellate Side

   29.09.2023
     Ct-24
                           WPA 21509 of 2023
                    Shyam Sel & Power Limited & Ors.
                                    v.
                     The State of West Bengal & Ors.


                Mr. Surajit Nath Mitra, Sr.Adv.
                Mr. Saptansu Basu, Sr. Adv.
                Mr. Shounak Mitra
                Ms. Shivangi Thard
                Mr. Subhrojyoti Mukherjee
                              ... for the petitioners.

                Mr. Farooque Ali
                Mr. Moni Shankar Hazra
                Mr. Faijan Md. Zafar
                Mr. Arham Reza
                            ... for the respondent no. 5.

Mr. Debanjan Mukherjee Ms. Sreemoyee Mukherjee Mr. Shuvajit Bose ... for the respondent nos. 10 to 18.

Mr. Souma Subhra Roy ... for the respondent nos. 19 to 22 & 25.

Mr. Saptarshi Banerjee Mr. Kuntal Banerjee ... for the respondent no. 29.

Mr. Bikash Ranjana Bhattacharya, Sr. Adv. Mr. Soumya Majumder Ms. Amrita Pandey ... for the respondent no. 30.

Mr. Santanu Mitra Mr. Arka Nag Mr. Gangaprasad Mukherjee ... for the State.

Report has been filed by BL & LRO, Jamuria, Paschim Bardhaman. The report mentions that the said plot is classified as 'path' & 'rasta' in the record of rights and in the remarks column it is mentioned that the said plot is used for public purpose. During enquiry it was found that there is no physical existence of the road, although an alternate road was constructed beside the said plot for public purpose.

Learned advocate representing the petitioners asserts that the land is the raiyati land of the petitioners and the same could not have been used for public purpose.

Learned advocates representing all the parties submit that the enquiry as mentioned by the BL & LRO was not conducted upon notice. None of the parties are aware as to whether the enquiry actually took place or not.

To ascertain the nature and classification of the subject land, BL & LRO, Jamuria, Paschim Bardhaman is directed to conduct fresh spot inspection upon giving prior notice to all the necessary parties. The report of spot inspection shall be produced before this Court on the adjourned date.

The interim order that is subsisting in the matter is extended till December 22, 2023 or until further order, whichever is earlier.

List on November 22, 2023.

None represents the Asansol Municipal Corporation.

Affidavit-of-service filed in Court today is taken on record.

Let a further notice be served upon the non- appearing respondents communicating the order of this Court.

Sh                                     (Amrita Sinha, J.)