05.01.2023 Sl. No.836(ML)

srm W.P.A. No. 4454 of 2022 Dilip Kumar Sautya Vs.

The State of West Bengal & Ors.

Mr. Shaunak Ghosh, Mr. Anindya Sundar Das, Ms. Avipsa Sarkar ….for the Petitioner.

Affidavit-of-service is taken on record.

It appears that the respondent Nos.4 to 6 have refused service. The postal articles which have returned to the petitioner are annexed to the affidavit-of-service. As such the matter is taken up in their absence.

The petitioner alleges that the respondent Nos.4 to 6 have raised an illegal construction without conversion of the land in question. Such construction has allegedly been raised on Dag Nos.465, 463 and 466 pertaining to Khatian Non.526/1 of mouza Brajalalchak, District-Purba Medinipur. The petitioner claims ownership of the said land.

Neither this Court nor the panchayat authorities are empowered by law to decide the question of title of the land. Thus, the allegation of encroachment of the land, cannot be gone into. The only issue to be decided is whether there has been any construction at the instance of the respondent Nos.4 to 6 on the lands in question, without permission and without conversion to bastu.

As such, the writ petition is disposed of wi