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2022 DIGILAW 1429 (CAL)

Jaynal Khan @ Joynal Khan v. State Of West Bengal

2022-10-19

LAPITA BANERJI

body2022
JUDGMENT 1. The petitioner complaints of illegal construction in a plot of land that is the adjacent plot of land situated at R.S. Dag No. 302, L.R. Dag No. 334, Mouza - Patharghata, J.L. No. 113 (Patharghata- I) Gram Panchayat. 2. Learned Counsel appearing on behalf of the petitioner submits that R.S. Dag No. 525 is situated beside his plot of land. Subsequently, R.S. Dag No. 525 was renumbered as L.R. Dag No. 528. The newly recorded land is in the name of the persons who are not in possession of the plot. He submits that private respondent no. 8 is in the possession of the said plot. 3. He alleges that private respondent nos. 8 to 18 are responsible for unauthorized construction on the said plot of land. The said unauthorized construction has been going on in a phased manner. Each times there is a complaint, the construction is stopped and after a gap of time it is started again. 4. Finally, on September 26, 2022 a pucca construction has been started by the respondent no. 8 without obtaining any sanctioned plan from the authorities concerned. 5. Mr. Jahar Datta, learned Counsel appears on behalf of the State. He submits that despite his best efforts, no instructions have been received from the respondent no. 4/Block Development Officer, Tehatta - I Block and the respondent no. 5, the Block Land and land Reform Officer, Tehatta - I. 6. Despite service, the private respondents are not represented today. 7. Learned Counsel appearing on behalf of the petitioner submits that unless immediate steps are taken to prevent the unauthorized construction, the petitioner will suffer prejudice. 8. In such view of the matter, the respondent no. 4 is directed to file a report by November 18, 2022 indicating whether any sanction plan has been issued in favour of the private respondents. 9. Let the matter appear before the appropriate regular Bench. 10. All parties are directed to act on a server copy of this order, duly downloaded from the official website of this Hon'ble Court.