Bishwambhar Pramanik & Anr vs State Of W.B. & Ors
2021 Latest Caselaw 5274 Cal

   12
30.09.2021
 Ct. No.10
   b.das


                               W.P.A. 6793 of 2017

                             (Via Video Conference)


                           Bishwambhar Pramanik & Anr.
                                   Vs.
                           State of W.B. & Ors.


                     Mr. Sudip Sanyal,
                     Mr. Snehasis Jana
                     Ms. Tutun Das
                                                  ...for the petitioners.
                     Mr. Soumitra Bandyopadhyay
                     Mr. Priyabrata Batabyal    ...for the State.

                     Mr. Dinesh Nandi
                                  ....for the respondent Nos.6, 10 & 11.

The affidavit of service filed in Court be taken on

record.

The petitioners' prayer in the writ petition is for

demolition of the bus stand that is being constructed on

the land owned by the petitioners, without acquiring the

same or payment of adequate compensation for the same.

Learned counsel for the petitioners candidly submits

that the land in question has been returned to the

petitioners in terms of a judgment of a co-ordinate bench of

this Court in WPA 27581 (W) of 2016 passed on 26 th July,

2018.

Perusal of the said judgment reveals that in a similar

case where the land of the petitioners therein was utilized

without acquisition, the respondents were directed to

remove the structure thereon and restore the possession of

the land to the petitioners.

Learned counsel for the petitioners submits that in

compliance with the said order, the petitioners in the

present writ petition have also been handed over their land.

The grievance of the petitioners have been redressed.

Nothing remains in the writ petition.

Accordingly, WPA 6793 of 2017 is disposed of.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)