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2024 Supreme(Cal) 1075

SHAMPA DUTT (PAUL)
Shyamapada Darhi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Susmita Saha Dutta, Mr. Md. H. Zaman, Mr. Md. Z. Zaman.
For the Respondent: Mr. Brajesh Jha, Mr. Shaunak Ghosh, Mr. Dip Jyoti Chakraborty, Ms. Poulami Chakraborty.
For the State : Mr. Pankaj Halder, Mr. Sanatan Panja.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present writ petition under Article 226 of the Constitution of India has been preferred praying for the following reliefs:-

    (a) A writ in the nature of Mandamus directing the respondents and their men and agents to take all appropriate steps against the sanction illegally granted to the private respondents under the PMAY(G) Scheme on the land in question;

(b) A writ in the nature of Mandamus directing the respondents and their men and agents to take appropriate steps to demolish the illegal and unauthorized construction made by the private respondents on the land in question;

(c) A writ of Mandamus commending the respondent to dispose of the representation of the petitioner dated 20.04.2023 being Annexure “P-9” herein;

2. The facts in brief as stated by the petitioner is that:-

    (i) That 80 decimals of the land under Mouza-Maheshpur, J.L No.152, L.R. Dag No.666, L.R. Khatian No.80 area of land 122.25 decimals, L.R. Khatian No.105/1 area of land 80 decimals, L.R. Khatian No.746 area of land 177 decimals total area of land 379.25 decimals, P.S Basanti, South 24 Parganas, originally belonged to one Gurupada Kayal. Gurupada Kayal sold and transferred 4

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