SANKAR PODDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the instant application under section 482 of the Code of Criminal Procedure petitioner sought for quashing the chargesheet no. 110 of 2013 dated 31/5/2013 under section 4D of the West Bengal Land Reforms Act 1955 arising out of Balagarh P.S. Case no. 83 of 2013 dated 4/4/2013 being G. R. Case no. 493 of 2013 pending before the learned Judicial Magistrate 5th Court Hooghly.

(2.) It is the contention of the petitioner that he has been carrying on the business of brick manufacturing at Mouza Guptiparachar under the name and style "M/S Poddar Brickfield" having a valid licence and he has been depositing the price of extraction of brick earth in the office of the Block Land and Land Reforms officer Balagarh. On the basis of a written complaint of the B.L. & LRO Balagarh, alleging that the petitioner had established a brick field named M/S Poddar Brickfield at Guptiparachar unauthorizedly in violation of Section 4C of the West Bengal Land Reforms Act, the O/C of Balagarh P.S. initiated the above mentioned case against him which culminated in the submission of the charge-sheet under Section 4D of the Act.

(3.) Placing reliance upon the decision of this Court in Bengal Brickfields Owners Association and Others versus State of West Bengal and others reported in, 2006 3 CalHN 28, learned counsel for the petitioner argued that the complaint lodged by the B.L & LRO, the FIR registered thereon and the charge-sheet under Section 4D of the West Bengal Land Reforms Act violates Articles 245 and 246 of the Constitution read with Section 2 of the Mines and Minerals (Development and Regulation) Act, 1957.