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

2022 Supreme(Cal) 981

SABYASACHI BHATTACHARYYA
Bangiyo Bhugol Mancha – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Subir Sanyal, Advocate, Shibasis Chattrjee, Advocate, Sagnik Roy, Advocate, Subhabrata Datta, Advocate, Abdus Salam, Advocate, Ayan Banerjee, Advocate, Debasree Dhamali, Advocate, Manoj Malhotra, Advocate, Suman Dey, Advocate, Chama Mookherjee, Advocate, Paramita Pal, Advocate, Ashim Kr. Ganguly, Advocate, Bellal Sheikh, Advocate, A.K. Guha, Advocate, Naren Ghosh Dostidar, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The subject-matter of the present writ petitions is identical. The respondent-authority, being the concerned Block Land & Land Reforms Officer (BL&LRO), Sadar, Berhampore, Murshidabad, issued notices captioned under Section 49a of the West Bengal Land Reforms act, 1955 (hereinafter referred to as 'the WBLR act') alleging that the writ petitioners have made unauthorised constructions on government land. In the said notices, the respective petitioners were directed to 'remove' (indicating, in all probability, 'vacate') the place and restore the original nature of the land within seven (07) days after receipt of the respective notices; the petitioner were threatened with legal action otherwise.

2. Learned counsel appearing for the petitioners submits that the respondent-authority acted palpably without jurisdiction in violating the procedure laid down in Section 3 of the Public Land (Eviction of Unauthorised Occupants) act, 1962 (for short, 'the 1962 act'), which lays down the modalities for issuance of notice against unauthorised occupants of public land to show cause against order for eviction.

3. Learned counsel submits that admittedly, the land

      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