SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Cal) 305

SHEKHAR B. SARAF
State Of West Bengal – Appellant
Versus
Bimal Sardar – Respondent


Advocates appeared:
Mr. Chandi Charan De, Adv., Mr. Rabindra Narayan Dutta, Adv., Mr. Hare Krishna, Adv., for the Appellant; Mr. Debasis Sur, Adv., Mr. Himadri Sekhar Paul, Adv., for the 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

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon telegram-icon
                whatsapp-icon Back to top