( 1 ) DESPITE notice, none appears on behalf of the respondent No. 5. Affidavit of Service, filed today in Court be kept with the records.

( 2 ) THE petitioner claims to be the owner of the land measuring about 31 decimal recorded in R. S. Plot 30, 31 and 134 in the Mouza Kushpata gobindapur bearing Khatian No. 90/1, 90/2. The said land was purchased by the petitioner in the year 1997. It is submitted that after the land was purchased by the petitioner, it was demarcated by boundary and the petitioner is in actual physical possession of the said land. Subsequent thereto, the petitioner applied for a sanction plan for construction of a single storied residential building in the said land for which two separate holding numbers were given viz. , 21/2 and 21/2 (Ka) under Ward No. 16 of the concerned Municipality. The said plan was sanctioned by the concerned municipality and on the basis thereof, the petitioner was constructing his house. According to the petitioner, some Police personnel from Ghatal Police station came and asked the petitioner to stop the construction. Accordingly, by a communication dated 24th February, 2005, the petitioner wrote to the concerned Office