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2010 Supreme(Cal) 1401

PRATAP KUMAR RAY, MRINAL KANTI SINHA
Jagannath Adhikari – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Rajarshi Haider, S.L.Khanna, Prasenjit Basu, Ziaul Islam

JUDGMENT

Ray, J.

1. HEARD the learned Advocates appearing for the parties.

2. BY the impugned order dated 10th April, 2008, learned Tribunal below rejected the original application No. O.A. 893 of 2008 (LRTT), wherein the petitioner prayed for necessary direction to the Block Land and Land Reforms Officer to demarcate the vested land of the State adjacent to the land of the petitioner.

The impugned order reads:-

"10.4.08.-Upon hearing both sides and on perusal of the averments in the applicant and annexures thereto, it is spelt out that petitioner's is a case of alleged inaction on the part of the Authority concerned to effect the demarcation despite submission of the requisite fees as per direction. The portion as such is found by us to be suffering from acute vagueness not only is terms of relief prayed for but also in terms of the clarity for survey to be made. That apart, we are not fortified with any provision of law whereby the aforesaid direction was given by the Authority concerned learned Government Representative submitted that there is no such provision under which the direction was given for deposit of money or for undertaking any survey in terms of the notice. Upon hear



































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