Asoke Kumar Agasti vs The State Of West Bengal & Ors
2021 Latest Caselaw 1347 Cal

 04
11.02.2021.
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                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                              APPELLATE SIDE


                                W.P.A. No. 5090 of 2020

                                Asoke Kumar Agasti
                                        -vs.-
                          The State of West Bengal & Ors.



                         Mr. Soumen Dutta,
                         Mr. Subhadeep Chatterjee
                                     ...for the petitioner

                         Mr. Soumitra Bandyopadhyay,
                         Mr. Ayan Banerjee,
                         Ms. Debasree Dhamali
                                      ...for the State-respondents

The grievance of the petitioner is that the

respondent-authorities, without following due process

of law and even in the absence of any

acquisition/requisition in respect of the land-in-

question, are carrying out digging work on the land

owned by the petitioner.

Learned counsel relies on a coordinate Bench

judgment dated August 09, 2018, passed in a similar

matter in W.P. No. 14484(W) of 2018, wherein the Block

Land and Land Reforms Officer was directed to visit the

locale and to prepare a site plan in respect of the work

carried out by the municipality. In the event the

municipality was found to have encroached any portion

of the land belonging to the petitioners therein, the said

officer was to direct the municipality not to undertake

any further work on the land belonging to the

petitioners therein.

Learned counsel submits that the respondents

ought to be restrained from carrying out any further

digging work on the petitioner's land immediately.

Learned counsel appearing for the respondent-

authorities submits that it is to be ascertained whether

the alleged digging work is going on upon the

petitioner's land or elsewhere. For taking detailed

instruction on such score, learned counsel for the

respondent-authorities seeks adjournment for a

fortnight.

Accordingly, let the matter be enlisted next on

March 02, 2021, fairly at the top of the list, when the

respondent-authorities shall file a detailed report,

annexing an appropriate survey map or any other

document, if possible, to indicate the exact area and

location of the site where the alleged work is going on.

The respondents shall remain restrained from

carrying out any further construction/digging work on

the land-in-question, being the land measuring about 3

decimals under Plot no. 182, Mouza-Purusattompur,

J.L. No. 181, as described in the schedule to the

transfer deed in favour of the petitioner, annexed at

page 13 of the writ petition, till March 31, 2021 or until

further orders, whichever is earlier.

(Sabyasachi Bhattacharyya, J.)