RAI CHATTOPADHYAY
Nishakar Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. The dispute is with regard to the alleged illegal grabbing of the thorough fare, recorded in favour of the Government of West Bengal in Khatian No. 1 as ‘rasta’. The writ petitioner is aggrieved that in spite of raising protest to various authorities in writing, the grievance is not redressed. Respondent no. 7, Barabagan Prantik Sangha is the club, which is the alleged perpetrator. Connivance of respondent no. 7/club, with Birbhum Zilla Parishad/respondent no. 4 has also been stated, which allegedly has materialized the illegal project of construction of a club room over the said land. On the other hand, respondent No.7/club has made out a case, that the said land area has duly and in accordance with law, been handed over to it, by respondent no. 4/Birbhum Zila Parishad and as such the respondent no. 7/club, being the lawful owner of the land concerned, has duly utilized the same, by constructing club room over there. The immediate cause of action for filing the present case is non-consideration by the respondent authorities of the notice demanding justice sent on behalf of the present writ petitioner, by virtue of a letter dated 18th January, 2016
Akhil Bhartiya Upbhokta Congress vs. State of M.P reported in (2011) 5 SCC 29.
Chameli Singh vs. State of U.P.
Erusian Equipment and Chemicals Ltd. v. State of West Bengal (1975) 1 SCC 70
Francis Coralie v. Union Territory of Delhi reported in (1981) 1 SCC 608
Institute of Law, Chandigarh vs. Neeraj Sharma
Maneka Gandhi vs. UOI reported in (1978 1 SCC 248
Noble Resources Ltd. v. State of Orissa and Anr. reported in (2006) 10 SCC 236
P.R. Murlidharan & Ors. vs. Swami Dharmananda Theertha Padar & Ors.
Ramana Dayaram Shetty vs International Airport Authority of India reported in (1979) 3 SCC 489
Satya Pal Anand vs. State of Madhya Pradesh & ors. reported in (2016) 10 SCC 767
Shalini Shyam Shetty & Anr. vs. Rajendra Shankar Patil & Anr.
State of H.P. vs. Umed Ram Sharma
State of M.P & Ors. vs. M.V. Vyavsaya & Co. reported in (1997) 1 SCC 156
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