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Ashok Kumar Sinha vs The State Of West Bengal & Ors on 4 August, 2023

In compliance of the Order dated 16.01.2024 passed by this Court in WPCRC 272 of 2019 in connection with 8 W.P.A. No. 30720 of 2024, CAN 1 of 2018 (Ashoke Kumar Sinha - Vs - The State of West Bengal & Ors.) followed by the subsequent order dated 13.02.2024 wherein the Court had fixed the date of Joint Inspection on 28.02.2024, an inspection was done on the scheduled land in presence of the petitioner, the officials of this Department and the BL&LRO, Hooghly. The joint inspection report was duly signed by the petitioner and all the officials present during the inspection work. The following facts emerged from the Joint inspection report. The land identified measuring 17.50 decimal or 0.1750 acres appertaining to L.R. Plot No.2287 (R.S. Plot No. 1833), Khatian No. 86, J.L. No. 38, Police Station, Arambagh was duly measured and demarcated which was under the possession of Water Resources Investigation and Development Department. Apart from 17.5 decimal of land as identified and demarcated during joint inspection, there was no land in possession of the Water Resources Investigation and Development Department in the said L.R. Plot No. 2287 (R.S. Plot No. 1833) of mouza Parul J.L. No. 038 under Arambagh P.S. A deep tube well and related structures and an inspection bungalow called "NEER BHAWAN" were present in all that parcel of land measuring 17.50 decimal or 0.1750 acres. A sketch map was drawn showing the details of 17.50 decimal of land shown as A-B- C-D attached hereto was under the possession of the Department of Water Resources Investigation and Development, West Bengal. Prior to this, as per direction of this Court in Order dated 16.01.2024, an inspection was done on 24.01.2024. The aforesaid inspection was done in presence of officials of this Department and representations of the BL&LRO, Arambagh, Hooghly. It was 9 noted in the aforesaid report that, in spite of several efforts to serve the notice to Sri Ashoke Kumar Singha, Son of Late Moni Bhushan Sinha, resident of P.C. Sen Road, Santrapara, Ward No. 3, Arambagh, Dist.- Hooghly, PIN- 712601 for joint inspection of 24.01.2024 at 12.00 noon at the specified location, neither he nor his representative was present at the site. The notice was sent through speed post and e-mail on 19.01.2024. The hard copy was also sent through a special messenger at his resident, but the person who was present at his residence at that time refused to receive the letter on the very same day. After the Inspector-in-Charge, Arambagh Police Station, Arambagh had been informed in detail vide Memo. No. 28 dated 19.01.2024 of the Assistant Engineer (A-I), Arambagh (A-I) Sub-Division, Arambagh, Hooghly and was requested to serve the letter to the petitioner. But, neither Sri Ashoke Kumar Singha nor his representative nor his surveyor had been present on the date of joint inspection. For compliance of the direction of this Court, the Department was willing to handover the land measuring about 17.50 decimals of L.R. Plot No.2287 (R.S. Plot No. 1833), Khatian No. 86, J.L. No. 38, P.S. Arambagh, to the petitioner.
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