Research › Search › Judgment

Calcutta High Court · body

2018 DIGILAW 33 (CAL)

Tarun Kumar Chowdhury v. State of West Bengal

2018-01-05

DEBANGSU BASAK

body2018
JUDGMENT : 1. An order dated February 22, 2017 passed in Appeal No.01/17 under Section 18 of the West Bengal Inland Fisheries Act, 1984 is under challenge in the present writ petition. 2. Learned Advocate appearing for the petitioners draws the attention of the Court to the order dated August 19, 2016 passed in WP No.15676(W) of 2016 (Susanta Chatterjee & Ors. Versus State of West Bengal & Ors.). He submits that, the authorities are misconstruing and misapplying the order dated August 19, 2016. According to him, the appellate authority exercising jurisdiction under the West Bengal Inland Fisheries Act, 1984 has directed the Block Land and Land Reforms Officer to submit the classification of the land in question. He draws the attention of the Court to a writing dated August 23, 2017 issued by a committee requesting the Block Land and Land Reforms Officer to re-classify the land. He submits that, the Block Land and Land Reforms Officer has called his client for the purpose of hearing. According to him, the same is impermissible. 3. The State and the private respondents are represented. 4. As noted above, the order dated February 22, 2017 passed by the appellate authority exercising jurisdiction under the West Bengal Inland Fisheries Act, 1984 is under challenge in the present writ petition. 5. By such order, the appellate authority had taken note of the order dated August 19, 2016 passed by the High Court and had requested the ADF, Burdwan to take up the issue with the District Land and Land Reforms Officer, Burdwan, regarding the classification of R.S. Plot No.408, Mouza-Nari, J.L. No.70. The authorities have subsequently started acting in terms of such direction issued by the appellate authority. As an appellate authority, it is entitled to know the classification of the land in question. It has requested for such details from the appropriate authorities. There is no infirmity in the impugned order warranting interference by a writ Court. W.P. No.30857(W) of 2017 is disposed of. No order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.