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2025 Supreme(Online)(Cal) 7579

CALCUTTA HIGH COURT
UMESH KUNDU & ORS – Appellant
Versus
STATE OF WEST BENGAL & ORS – Respondent


30.07.2025 Item No. 25 Ct. No. 30 AN WPA 15966 of 2019 Sri Umesh Kundu & ors.

C & CR Vs.

State of West Bengal & anr.

Mr. Narayan Ch. Mandal …for the petitioners Mrs. Kakali Naskar … for the State The writ application has been preferred praying for a direction upon the respondents to remove the illegal construction with rubbish from the pond measuring an area of 37 decimals in Plot No. 2447, R S Khatian No. 4307, J L No. 43, within Mouza and P.S. Basirhat within the Basirhat Municipality, Dist. North

24 Parganas.

The petitioners’ case is that Gour Kundu and others were the owners of the land measuring an area of 37 decimals which was recorded as pond and Plot No. 2447, R S Khatian No. 4307, J L No. 43, within Mouza and P.S. Basirhat within the Basirhat Municipality, Dist. North 24 Parganas.

It is submitted that the petitioners alongwith Prasanta Kundu and his wife and near relatives of the petitioners (sister and sister’s husband of the petitioner no. 2) also purchased 50% share of the land on 10.05.2002 through registered Deed of Kobala.

It is further submitted that the land/pond was recorded in the name of the petitioners and their relatives in the L R Record of Rights and the petitioner

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