Calcutta High Court (Appellete Side)
Sri Sri Iswar Damodar Jew Thakur ... vs Ghatal Municipality & Ors on 17 January, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
17.01.2019
Ct. No.8
SL No.29
KS
W. P. No.25830 (W) of 2018
Sri Sri Iswar Damodar Jew Thakur Represented by its Sebayits Binapani Chakraborty & Ors.
Versus
[
Ghatal Municipality & Ors.
Mr. Saptangshu Basu
Mr. Ayan Banerjee
Ms. Debasree Dhamali
.....For the Petitioners
Mr. Lalit Mohan Mahato
.....For the State
Mr. M. Thakur
Mr. Swarup Kumar Ghosh
.....For the Respondent Nos.1 to 3
Report as called for by the order dated December 20, 2018 filed in Court be taken on record.
Learned advocate appearing for the State makes over a copy of the report to the learned advocate appearing for the private parties in Court.
Learned Senior Advocate appearing for the petitioners submits that, a Survey Passed Commissioner may be appointed, as the site plan prepared by the Block Land & Land Reforms Officer is without any basis. He relies upon a site plan prepared by a registered Survey or on behalf of the petitioners.
In such circumstances, it would be appropriate to appoint Mr. Gour Mohan Sahu, Alipore Judges Court as a Survey Passed Commissioner to demarcate the land belonging to the petitioners and identify the road constructed by the Municipality. The cost, expenses and remuneration of the survey and the Survey Passed Commissioner will be borne exclusively by the petitioners.
List the writ petition on February 25, 2019 when the Survey Passed Commissioner will submit his 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.) 2