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Showing contexts for: Basirhat in Babu Gazi vs The State Of West Bengal & Ors on 26 September, 2014Matching Fragments
(1) The case of the petitioner is that he is the authorized representative of 'Neora Dighi Fish Production Group' (hereinafter referred to as "the said group") which is an association of persons engaged in pisciculture. The said group is registered with the Directorate of Fisheries. (2) In August 1995, Neora Dighi, which is a fishery located in North 24 Parganas was settled in favour of the said group by the Government of West Bengal at an annual lease rent of Rs. 17,000/-. Thereafter, since the authorities were not receiving the lease rent in respect of the said fishery at the prescribed rate and were demanding higher lease rental, the said group through the petitioner filed WP No. 28076 (W) of 2009 in this Court. The said writ petition was disposed of by an order dated 11th February, 2011 whereby the said group was granted liberty to deposit the arrear rent. On the basis of such order arrear rent was deposited by the said group. (3) The Learned Sub-Divisional Magistrate, Basirhat, initiated a proceeding under Section 145 (8) of the Code of Criminal Procedure. In The said proceeding an Enquiry Report was filed by the BL&LRO, Basirhat, on 29th November, 2011, recording, inter alia, that the said fishery is in the possession of the said group which is rearing fish thereat. However, notwithstanding such report the Ld. Magistrate directed the BL&LRO, Basirhat to take steps for taking custody of the said fishery and sale of the fish reared in the said fishery.
(4) The said order of the Ld. Magistrate was challenged by the petitioner by filing CRR 3747 of 2011 in this Court. On the said application, the order of the Ld. Magistrate was stayed by an order dated 14th December, 2011. (5) Notwithstanding the aforesaid order of this Court dated 14th December, 2011, the Inspector-in-charge of the Basirhat Police Station started interfering with the activities of the said group in rearing fish at the said fishery and sought to implement the order passed by the Ld. Sub- Divisional Magistrate, operation whereof was stayed by this Court. It was under those circumstances that the instant writ petition was filed by the petitioner on behalf of the said group.
(6) On the above writ petition being moved an order dated 25th May, 2012 was passed by Tandon, J. the material portion whereof is extracted hereunder:
'By order dated 22nd November, 2011 the Sub-divisional Magistrate, Basirhat, directed the Block Land and Land Reforms Officer, Basirhat, to take custody and sale of such property and the Inspector-in-charge, Basirhat Police Station, was also directed to ensure maintenance of peace. Assailing the said order the petitioner filed a Criminal Revision, Being CRR 3747 of 2011, where this Court on 14th December, 2011 stayed the operation of the said order.
(8) According to the petitioner, despite the aforesaid orders of this Court, local anti-socials were trying to forcibly grab the said fishery and/or take control of rearing of fish from the said group which compelled the said group to file a complaint before the Inspector-in-charge, Basirhat Police Station on 19th June, 2013. Since there was no action on the part of the police authority, the petitioner was constrained to file CAN 6394 of 2013 in the above writ petition praying for a direction on the police authority to ensure protection to the members of the said group in respect of their pisciculture business and to see that the orders of this Court were implemented. The said application was disposed of by I.P. Mukherjee, J. by an order dated 1st August, 2013 whereby His Lordship directed, inter alia, that the order of Tandon, J. dated 25th May, 2012 should be strictly enforced by the Inspector-in-charge, Basirhat Police Station and furthermore, the Inspector-in-charge was to ensure that the status quo regarding possession as ordered by the Division Bench of this Court on 9th October, 2012 is strictly maintained.