TAPAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this writ petition the petitioners have inter alia prayed for a writ in the nature of Mandamus directing the respondents not to encroach upon or occupy the scheduled land in any manner whatsoever, not to change the nature and character of the land in question and for other reliefs.

(2.) ACCORDING to the petitioners their father was the owner of a certain plot of land which was purchased by the grand father of the petitioners. After the death of their grandfather the property was mutated in the name of their father. The grandfather made a Will by which the petitioners were given the right, title and possession of the property and their father was given the right of lifelong stay.

(3.) THE respondent no. 6 has filed an affidavit in opposition to the writ petition denying the allegations made in the writ petition. The respondent no. 6 has taken an exception that the electric bill annexed to the writ petition was a very old one issued in the name of one Sibsankar Swah showing him under the care of 'Mahabir Goala '. The xerox copy of the consolidated rate received is illegible. The description of the land was shown to be a vacant land. It was further alleged by the respondents that the Title Suit No. 8 of 1999 was by and between the private parties. The decree was passed ex parte. It thus appears from the writ petition and the supplementary affidavit that the PWD (Roads) had undertaken the survey of the roadside land of Raja S. C. Mullick Road including the Khatal with a view to widening and strengthening the roads. This work has already been started. The respondents denied allegations that they were trying to grab the land. In this writ petition nothing has been specifically stated whether sanction was obtained from the Corporation or not. They have repeated that the project has been undertaken by the state government and the Corporation has nothing to do. The petitioners have filed an affidavit in reply largely reiterating their stand taken in the writ petition.