Gunjrok Matshajibi Samabay ... vs The State Of West Bengal And Ors
2021 Latest Caselaw 164 Cal/2

OD-2
                               WPO 262 of 2020
                      IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction
                               ORIGINAL SIDE

             GUNJROK MATSHAJIBI SAMABAY SAMITY AND ANR
                              VERSUS
                 THE STATE OF WEST BENGAL AND ORS




  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
  Date : 18th February,2021.


                                                               APPEARANCE:
                                                  Mr. Anjan Bhattacharya,Adv.


                                                 Mr. Amitesh Banerjee,Sr. Adv.
                                                     Ms. Ipshita Banerjee,Adv.


       The Court:- The writ petition is based on the contention that the private

respondent was awarded a lease in respect of a water-body for pisciculture on

the basis of a report of the District Magistrate which were previously set aside

by a learned Single Judge and two Division Benches of this Court. The sum

and substance of the reply of learned Senior Counsel appearing for the State

respondent is that several other documents, subsequent on point of time to the

last Division Bench judgment dated March 18, 2019, were considered to grant

such lease to the private respondent in the year 2020. It is further pointed out

that the Division Bench judgment dated March 18, 2019, passed in MAT

821/2018, itself granted liberty to the private respondent to make a

representation in respect of the relevant two 'jalkars' before the District

Magistrate.

Since the defence of the State respondent is primarily based on the

documents subsequent to the Division Bench order dated March 18, 2019,

which are controverted by learned Counsel for the petitioner, the State

respondent is directed to file a short affidavit, disclosing the documents on

which the District Magistrate, Malda relied to grant the impugned lease to the

private respondent; in particular, the documents captioned as annexures J to

O of the report filed previously on behalf of the State respondent in connection

with the writ petition. Such affidavit shall be filed, annexing the relevant

documents, within a fortnight from date. Reply, if any, shall be filed within one

week thereafter.

The matter shall next be enlisted on March 30, 2021.

(SABYASACHI BHATTACHARYYA, J.)

S.Chandra