KAMONASISH MISTRY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has prayed for quashing the impugned proceeding being Sonarpur P.S. Case No. 746/18 dtd. 15/5/2018 under sec. 4 D of West Bengal Land Reforms Act 1955 (WBLR Act) read with sec. 17 of Inland Fisheries Act, 1984, pending before learned Additional Chief Judicial Magistrate, Baruipore, South 24 Parganas.

(2.) Petitioner contended that petitioner purchased 4 Cottahs of Bastu land along with 300 Sq. ft. incomplete building at Mouza-Sonarpur, J.L. No. 39, in R.S. Dag No. 1747 corresponding to R.S. Khatian No. 616 in the year 2017.

(3.) Said 4 Cottahs of land which he purchased from one Archna Mondal was previously "Sali" in character but concerned B.L. and L.R.O., Sonarpur in view of a conversion proceeding initiated by petitioner's vendor was pleased to convert character of said land from Sali to Bastu and issued certificate of conversion U/S 4C of W.B.LR. Act vide Memo No. 41/68/BL/SNP/dtd. 9/1/2017. The aforesaid R.S. Dag. No. 1747 is a plot comprising of 45 decimal of land. Although in R.S. record of rights the entire 45 decimal of land stands recorded as "Sali" but physically a pond comprising of 8 Cottahs of land exists adjacent to petitioner's 4 Cottahs of Bastu land. Municipal authority has also recorded petitioner's purchased 4 Cottahs of land as Bastu which is reflected in mutation certificate issued by Municipal authority