NISHAKAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The dispute is with regard to the alleged illegal grabbing of the thorough fare, recorded in favour of the Government of West Bengal in Khatian No. 1 as 'rasta'. The writ petitioner is aggrieved that in spite of raising protest to various authorities in writing, the grievance is not redressed. Respondent no. 7, Barabagan Prantik Sangha is the club, which is the alleged perpetrator. Connivance of respondent no. 7/club, with Birbhum Zilla Parishad/respondent no. 4 has also been stated, which allegedly has materialized the illegal project of construction of a club room over the said land. On the other hand, respondent No.7/club has made out a case, that the said land area has duly and in accordance with law, been handed over to it, by respondent no. 4/Birbhum Zila Parishad and as such the respondent no. 7/club, being the lawful owner of the land concerned, has duly utilized the same, by constructing club room over there. The immediate cause of action for filing the present case is non-consideration by the respondent authorities of the notice demanding justice sent on behalf of the present writ petitioner, by virtue of a letter dtd. 18/1/2016.

(2.) In the present case the writ petitioner has prayed for the reliefs inter alia that, the club room over the concerned landed property may be demolished immediately, the respondent authorities may be restrained to encroach upon the said land as well as on adjacent area of the road/footpath. They have also sought for an order that, construction in progress, if any, over the land in dispute, may immediately be stopped.

(3.) The factual background necessary to be dealt with in this case may be narrated in a nut shell as follows.