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2018 Supreme(Cal) 818

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
Madhumita Construction Pvt. Ltd. – Appellant
Versus
No 1, Patrabad Matsyajibi Samabay Samity Limited – Respondent


Advocates:
Advocate Appeared:
Anindya Kumar Mitra, Adv., Anirban Ray, Adv., Jayanta Sengupta, Adv., Soumabho Ghose, Adv., Anil Dhar, Adv., Debabrata Das, Adv., Pradyot Kumar Das, Adv., B.R. Bhattacharyya, Adv., Uday Sankar Chattopadhyay, Adv., Suman Sankar Chatterjee, Adv., Santanu Maji, Adv., Kishore Datta, Adv., Susovan Sengupta, Adv., Manas Kumar Sadhu, Adv., Subhasis Bandyopadhyay, Adv.

JUDGMENT :

1. The instant appeal arises from an order dated 1st September 2017 passed in a writ petition filed by the respondent no. 1 against the State of West Bengal. The appellant was the respondent no.10 in the said writ petition (referred to as the private respondent in the impugned order). By the said order, the respondent no. 6, the Block Land and Land Reforms Officer (BL & LRO), was directed to complete the exercise of finalization of a tender dated 29th February 2016 within a period of 9 weeks from the date of communication of order and take necessary action in order to enable the writ petitioner to carry on fishing activity in the water-body. The appellant was given liberty to challenge the order passed by the Special Revenue Officer under the provisions of the West Bengal Estates Acquisition Act, 1953 before the appropriate authority.

2. The issues in the instant appeal revolve around competing rights to a water-body known as “Chhoto O - Boro Paresh bheri”. The writ petitioner, a registered co-operative society, had approached this Court in WP No. 17460(W) of 2017 (in which the impugned judgment was passed) for a direction on the state respondents to issue a possession ce






































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