IMPORTANT POINT
The court established that state claims over land must be supported by proper documentation and adherence to legal procedures for acquisition.

JUDGMENT :

(Jay Sengupta, J.) :

1. This is an application praying for direction upon the respondent authorities not to construct a school building for Pandit Raghunath Murmu Adarsha Abasik Uchcha Vidyalaya, Plot No.106, Mouza – Ratulia, Medinipur, J.L. No.126, Police Station – Panskura, District – Purba Medinipur.

2. Learned counsel appearing on behalf of the petitioners submits as follows. Out of total 15.90 acres in R.S./L.R. Plot No.106 of Mouza: Ratulia, Medinipur, J.L. No.126 within Police Station Panskura, District Purba Medinipur, demarcated land measuring 96 decimals was granted to the predecessors in interest of the petitioner Nos. 1 to 16 by an Amalnama dated 19.02.1946 by the then superior landlord. By the said Amalnama adjoining to the aforesaid land another 38 decimals in Plot No. 1011 had been granted to the predecessors in interest of the petitioner Nos. 1 to 16. The said land of 96 decimals in Plot No. 106 and 38 decimals in Plot No. 1011 had been duly recorded in the names of predecessors in interest of the petitioner Nos. 1 to 16 in R.S. Record of Rights under Khatian No.325. Since the respondent State authority without due process of law and by forcibly dispossessing the petitioners from their demarcated land in Plot no. 106 and other patta holders being the recorded raiyats, tried to established a School building on the land measuring about 8.95 acres alleged to be vested land to the State under the West Bengal Estate Acquisition Act, 1953, the petitioners and others recorded raiyats moved the present writ petition. However, for the reasons best known to them, except the writ petitioner Nos. 1 to 16, the other petitioners withdrew themselves from the present writ petition. By an order dated 27.01.2024, this Court was pleased to pass an order restraining the respondent authorities from making any construction or further construction for a period of eight weeks or until further order or orders. By an order dated 03.04.2014, the said interim order was extended till disposal. An application being CAN 7922 of 2014 affirmed on 06.08.2014 for vacating the said interim was filed by the State Respondents. The application was incomplete for the following reasons. Although in para 10. a) of the said vacating application the State respondents referred to a letter being No.165/PMZP/SDPT/06 dated 05.07.2006 of Sabhadhipati, Purba Medinipur Zilla Parisad addressed to the Commissioner/Director of Secondary Education Department, but the eclosures to the said letter had not been annexed. In paragraph 10. b) the respondent mentioned about a letter being No.4-SE(S)/C.S.-50/2005 dated 20.01.2008 of the State Government and thereby allegedly annexed the same as annexure ‘F’, but no such letter was annexed. Although in paragraph 10. c) of the said vacating application in annexure ‘G’ therein the concerned respondent allegedly annexed a Memo. No.939/BCW/P-MID dated 19.09.2005 of the District Magistrate, Purba Medinipur and letter No.1084/BCW/P-MID dated 30.11.2005 of the backward Class Welfare Officer at Purba Medinipur and by referring the said letter the said concerned respondents referred to a site plan for the proposed school on the vested land in the said plot measuring 8.95 acres, but astonishingly enough no such annexure ‘G’ was available in the said vacating application and instead thereof a letter dated 06.02.2014 of the learned advocate of the petitioners was appearing in annexure ‘G’. Although in paragraph 10. d) – 10. m) the concerned respondent allegedly annexed several letters and correspondences from annexure ‘H’ to annexure ‘O’, but surprisingly enough no such annexure was available after annexure ‘G’. Therefore, the writ petitioners were unable to deal with those paragraphs including contends. An application for vacating of interim order being CAN 7922 of 2014 and other CAN 7109 came up for hearing. On 11.09.2015 the names of the writ petition Nos. 19, 22 and 26 to 32 were expunged. By the said order, the said vac