SHEKHAR B. SARAF
State Of West Bengal – Appellant
Versus
Bimal Sardar – Respondent
JUDGMENT
Shekhar B. Saraf, J. - This review application has been filed by the State against an order dated April 10, 2017 passed by Justice R.K. Bag in W.P. No. 25094(W) of 2016.
2. The facts of the present matter are as follows :
a. The Applicant/Respondent is the State of West Bengal, service through the Secretary, Department of Land & Land Reforms, Government of West Bengal and others.
b. The Respondent no. 1/ Writ Petitioner is Bimal Sardar. He is the recorded owner of Plot No. 492 (area - 1.13 acres) Plot No. 493 (area 0.04 acres) and Plot No. 494 (area 66 decimals) of Mouza - Baunia Abad, J.L. No. 20, Khaitan No. 3041 and 4741 under P.S. Sandeshkhali, District - North 24 Parganas.
c. The plot was agricultural land and the Respondent/ Writ Petitioner had khas possession of the plot. He was cultivating this using his own men, bullocks and family members. In 2009, due to Cyclone Aila, Sunderbans were affected and the embankment was demolished, where the Writ Petitioner resided. Due to the damage and the Respondent was no longer able to cultivate the land.
d. After the Cyclone Aila, in order to protect the local area and residential houses in the area, the Applicants/Respondents decide
Aribam Tuleshwar Sharma v- Aribam Pishak Sharma reported in (1979) 4 SCC 389
Haridas Das -v- Smt. Usha Rani Banik reported in (2006) 4 SCC 78
P.N. Eswara Iyer v- The Registrar
Parsion Devi v- Sumitri Devi reported in 1997 (8) SCC 715
S.J.S. Business Enterprises (P) Ltd. -v- State of Bihar and others reported in (2004) 7 SCC 166
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