Mir Dara Sheko, J. - (1.) Hearing is concluded in presence of both sides and the matter is taken up for disposal on merits.
(2.) Mr Atarup Banerjee being assisted by Mr Baidya representing the writ petitioner submitted that the petitioner obtained 35 decimals of land pertaining to plot no.166 of mouza Uttar Durgapur under Khatian No. 221, J.L. No.25 under Mathurapur police station in the district South 24-Parganas. Grievance is that although the strip of land on the northern side of plot no.166 was lying under possession of the writ petitioner, but the mouza map was not prepared in accordance with the area owned and possessed by the writ petitioner which situates on the northern side as a part and parcel of plot no.166. With such grievance the petitioner prayed for direction in the nature of mandamus upon the respondents, so that the mouza map of Uttar Durgapur may be corrected in terms of the report held by the amin by way of survey so that the respondents taking advantage of not incorporating the said strip of land on the northern end of plot no.166 may not raise any construction on road etc by making encroachment upon the said land.
(3.) Mr Ayan Banerjee representing the State, however, raising the point of maintainability in view of section 8 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 submitted that the writ petitioner chose a wrong forum.;