RAKEH KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The grievance of the petitioner is directed against a communication dated September 01, 2015 issued by the Office of the Councilor of the Birnagar Municipality, the respondent no. 6 ("the impugned communication"). By the impugned communication an application dated August 07, 2015 filed by the petitioner for sanction of a building plan had been rejected.

(2.) It is alleged on behalf of the petitioner that he had purchased a plot of land on March 15, 2012. An advertisement had been published by the Hindustan Petroleum Corporation Limited ("HPCL") for appointment of Liquid Petroleum Gas ("LPG") distributorship at location, Birnagar, Nadia District. The petitioner had applied for such vacancy and disclosed the aforesaid plot of land for construction of a show room. Admittedly, the land in favour of the petitioner has been duly mutated by the Birnagar Municipality. The petitioner had thereafter been selected on June 30, 2014 and a letter of intent was issued in favour of the petitioner by HPCL. Thereafter, the petitioner had applied for conversion of the land on December 26, 2014 before the Sub-Divisional Land and Land Reforms Officer, Ranaghat. By a communication dated January 27, 2015 the Block Land and Land Reforms Officer, Ranaghat-I had sought for an opinion with regard to the change of character of land belonging to the petitioner. The respondent no. 6, being the concerned Municipality had opined not to allow this conversion. The petitioner was compelled to challenge such opinion of the Municipality and filed a writ petition being W.P.No. 7433(W) of 2015. By an order dated April 01, 2015 this Hon'ble Court passed an order for consideration of the representation of the petitioner.

(3.) Being aggrieved by the said order dated April 01, 2015 the petitioner preferred an appeal before this Hon'ble Court. By an order dated June 19, 2015 the Hon'ble Division Bench allowed the appeal and directed the SDL&LRO,Ranaghat to take an appropriate decision without taking any note and without being influenced by the views of the Municipality.