ABDUL HAMID AND OTHERS Vs. THE STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2012-1-778
HIGH COURT OF CALCUTTA
Decided on January 30,2012

Abdul Hamid and others Appellant
VERSUS
The State Of West Bengal And Others Respondents

JUDGEMENT

SOUMITRA PAL,J. - (1.) Affidavit of service filed today be kept on record.
(2.) In the writ petition the petitioners have prayed for a direction upon the respondents particularly on the District Land and Land Reforms Officer, Berhampore, Murshidabad, the respondent no.2 to dispose of their application dated 9th November, 2011 for running a brick field under the name and style of Raja brick field. It is submitted by Mr. Dutta, learned advocate for the State, referring to paragraph 11 of the writ petition, that the petitioners have admitted that during the pendency of the application dated 9th November, 2011, they have already stated manufacturing bricks and have set up a chimney.
(3.) Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the District Land and Land Reforms Officer, Berhampore, Murshidabad, the respondent no.2 to dispose of the application dated 9th November, 2011 for running a brick field under the name and style of Raja brick field by passing a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing to the petitioners and after verifying the records and after causing an inspection and after ensuring that the petitioners have obtained necessary clearance from the West Bengal Pollution Control Board. In view of the statements made in paragraph 11, it is made clear that the petitioners shall dismantle the machinery and the chimney before hearing is granted and shall not manufacture bricks. In the event, the petitioners go on manufacturing bricks and do not dismantle the machinery installed, the respondent no.2 shall intimate the Officer-in-Charge, Domkal Police Station, Murshidabad, the respondent no.5 for dismantling the same who shall do the needful in accordance with law. However, I make it clear that I have not gone into the merits of the case and the respondent no.2 shall proceed in accordance with law.;


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