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AJOY KUMAR MUKHERJEE
Kamonasish Mistry – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - The petitioner has prayed for quashing the impugned proceeding being Sonarpur P.S. Case No. 746/18 dated 15.05.2018 under section 4 D of West Bengal Land Reforms Act 1955 (WBLR Act) read with section 17 of Inland Fisheries Act, 1984, pending before learned Additional Chief Judicial Magistrate, Baruipore, South 24 Parganas.
2. Petitioner contended that petitioner purchased 4 Cottahs of Bastu land along with 300 Sq. ft. incomplete building at Mouza-Sonarpur, J.L. No. 39, in R.S. Dag No. 1747 corresponding to R.S. Khatian No. 616 in the year 2017.
3. Said 4 Cottahs of land which he purchased from one Archna Mondal was previously 'Sali' in character but concerned B.L. & L.R.O., Sonarpur in view of a conversion proceeding initiated by petitioner's vendor was pleased to convert character of said land from Sali to Bastu and issued certificate of conversion U/S 4C of W.B.LR. Act vide Memo No. 41/68/BL/SNP/dated 09.01.2017. The aforesaid R.S. Dag. No. 1747 is a plot comprising of 45 decimal of land. Although in R.S. record of rights the entire 45 decimal of land stands recorded as 'Sali' but physically a pond comprising of 8 Cottahs of land exists adjacent t
The central legal point established in the judgment is that a lawful land conversion under the WBLR Act can bar criminal proceedings under the same act, and the absurdity of allegations in the FIR ca....
The court ruled that a charge sheet cannot stand against an individual without credible evidence linking them to the alleged offence, emphasizing the need for proper legal procedures.
Notice to restore land classified as 'Bastu' without proper inquiry is arbitrary; judicial review mandates reasoned decisions backed by evidence.
Land classification correction from pond to homestead valid if change predates 24.03.1986 cut-off under Rule 166, supported by municipal records and field inspection confirming no waterbody.
Conversion of water bodies is strictly prohibited without state approval under the Inland Fisheries Act, reaffirming authority to restore such areas and enforce statutory protections.
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