Pranab Kumar Basu vs The State Of West Bengal & Others
2023 Latest Caselaw 2708 Cal

19.04.2023
Item No.7.
Court No.6.
   AB
                                 M.A.T. 25 of 2023
                                        With
                                 I A CAN 1 of 2023
                                 I A CAN 2 of 2023

                               Pranab Kumar Basu
                                       Vs
                        The State of West Bengal & Others

                      Mr. Mrinal Kanti Ghosh ...for the Appellant.

                      Mr. Himadri Sekhar Chakraborty,
                      Mr. Raja Ram Banerjee ...for the State.

                      Ms. Dipanwita Ganguly
                                       ....for the Respondent No.6.

Mr. Somnath Roy .....for the Municipality.

In re : IA CAN 1 of 2023

This is an application for condonation of delay of

74 days in filing the appeal. Causes shown being

sufficient, the delay is condoned.

I A CAN 1 of 2023 is, accordingly, disposed of.

In re : MAT 25 of 2023, IA CAN 2 of 2023

This appeal is directed against a judgment and

order dated September 23, 2022, whereby the

appellant's writ petition being WPA 12364 of 2021 was

dismissed.

The appellant had approached the learned

Single Judge with the grievance that the private

respondents have made construction over a portion of

Government land. The learned Judge noted that the

construction was made in accordance with the plan

sanctioned by Bhadreswar Municipality. As regards

title, a civil suit is pending before the Competent

Court. The learned Judge declined to interfere. Hence,

this appeal.

The State is represented.

Learned Advocate for the State shall come back

with a report in the form of affidavit responding to the

allegations of the appellant/writ petitioner to the effect

that the private respondents have encroached upon

Government land and have made construction

thereon. The concerned Officer in the Refugee, Relief &

Rehabilitation Department shall give proper

instructions to learned Advocate for the State so that

on the next date, the report that we have called for

may be filed before us.

Learned Advocate for the private respondent

no.6 shall also come back with proper instructions.

List this matter once again on 3.5.2023 under

the same heading.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)