Saiful Islam & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 3935 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri



                                  WPA 16575 of 2007


                                  Saiful Islam & Ors.
                                       Vs.
                          The State of West Bengal & Ors.



Item No.11.

Heard & Judgment on:              19.06.2023

Bibek Chaudhuri, J.

The petitioners challenged the alleged illegal and arbitrary act

on the part of the Public Works Department, Berhampore,

Murshidabad on the allegation as to whether change of site of

construction of the proposed bridge and approach road from the

previous area to the present one has been done by colourable

exercise of power and with mala fide intention by ignoring hardship

and suffering of the local people as a whole knowing fully well that the

entire area of land of the earlier site was acquired for construction of

the bridge and a foundation was laid in front of the said construction.

It appears from the record that the bridge has already been

constructed in the new site. Moreover, the prayer of the petitioner is

in the nature of public interest litigation but the petitioners on their

personal capacity filed the instant writ petition without any averment

that they are the public stipulated persons and for the interest of the

people of a particular locality they have filed the instant writ petition.

The petitioners never appeared after filing of the writ petition. It is

pending since 2007.

Therefore, the instant writ petition is dismissed.

(Bibek Chaudhuri, J.)