09.12.2025

sb

Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE WPA 307 of 2025

Sushil Bhakat

Versus

The State of West Bengal & Ors.

Mr. Uttiya Ray

… For petitioner.

Mr. Subhasis Bandopadhyay

… For the municipality. Mr. Subrata Karmakar

Mr. Md. Ali Ahasan

Mr. Prince Akhtar

… For the respondent no.8.

1. Affidavit of service filed in Court is taken on

record.

2. The present writ petition has been filed, inter alia, claiming that the municipality without considering that the original R.S. plot no.2635, Mouza – Bardhaman was recorded as a pond, had purported to issue a sanctioned building plan without adhering to the provisions of Inland Fisheries Act, 1984. According to the petitioner, the sanction that has been granted by the municipality is without authority. Although, the petitioner had made a complaint with the municipality, such complaint has not been adhered to. In support of his aforesaid contention, the petitioner has placed reliance on the C.S. record of rights as also R.S. record of rights, inter alia, including the documents dated 9th February, 2022 wherein the municipality has recognized existence of pond on the plot

in question and has allegedly cancelled