TAPAN KUMAR JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner in this Article 226 petition dated August 9, 2010 is seeking the following principal relief:

(2.) His case stated in the petition is this. He is the owner of the property (para. 2) using a part of which "all on a sudden, without any notice, consent and/or prior permission" (para. 6) the second Respondent started activities for erecting constructions for placing of high tension electric lines for transmission of electricity. Since his legal notice dated July 17, 2010 (para. 8) has been totally ignored by the Respondents, he has brought this petition.

(3.) Mr. Jana, Counsel for the Petitioner, submits that since the Petitioner's constitutional right to property has been infringed without any authority of law, the Petitioner is entitled to remedy under Article 226 of the Constitution. According to him, before taking steps to use any part of the Petitioner's property for erecting any construction for any purpose the Respondents were required to obtain the Petitioner's consent in writing.