Paschim Medinipur Bhumij Kalyan ... vs The State Of West Bengal & Ors
2023 Latest Caselaw 5535 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
               CONSTITUTIONAL WRIT JURISDICTION
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                          WPA 27144 of 2016


       Paschim Medinipur Bhumij Kalyan Samity and Anr.
                             Vs.
                The State of West Bengal & Ors.



Mr. Pradip Kumar Roy
Mr. Tirthajit Roy Chowdhury
             ..for the petitioners

Mr. Rajarshe Basu
Mr. Safik Dewan
      ..for the State

Item No.22.

Heard & Judgment on:            24.08.2023


Bibek Chaudhuri, J.

The petitioner is a registered society of a tribal community

commonly called 'Bhumij Community'. They are residents of village

Abhaya within P.S. Salbani. It is the case of the petitioner society that

the members of 'Bhumij Community' used two ponds lying in the said

village for the purpose of their daily works such as cleaning utensils,

taking bath and also by psyculture. The petitioner No.2 being the

Secretary of the petitioner No. 1 Society made a representation

before the District Magistrate, Paschim Medinipur with a prayer to

settle the said two ponds in favour of the Society being the

representative of 'Bhumij Community' so that they can use the said

ponds bot for their life and livelihood. However, the District

Magistrate, Paschim Medinipur failed and neglected to consider the

said representation dated 26th June, 2014 till date.

So, the instant writ petition.

It is frankly and fairly submitted by the learned advocate for the

State respondents that the said two ponds are presently recorded in

Khatian No.1 meaning thereby. The said two ponds are under the

ownership of the State Government. Therefore, the District Magistrate

and Collector is the competent authority to consider the

representation dated 26th June, 2014 in accordance with law.

In view of such submission the instant writ petition is disposed

of directing the District Magistrate, Paschim Medinipur to consider the

representation submitted by the petitioner No.2 as representatives of

'Bhumij Community' living at Abhaya within P.S. Salbani and

Secretary of the petitioner No.1 Society under the provision of the

West Bengal Inland Fisheries Act, 1984 and Rules thereof. Such

representation shall be disposed of preferably within 90 days after

giving an opportunity to the petitioner No.2 of hearing and to

communicate the order to the petitioner.

Since no affidavit has been called for, the averment made by

the petitioner in the writ petition remains uncontroverted.

There shall be, however, no order as to costs.

(Bibek Chaudhuri, J.)