JUDGEMENT
Biswanath Somadder, J. -
(1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 23rd August, 2018, passed by a learned Single Judge in W. P. 22386 (W) of 2016 (Smt. Swapna Barat vs. The State of West Bengal & Ors.).
(3.) By the impugned judgment and order, a writ petition filed by Smt. Swapna Barat was disposed of on the following terms:-
"Report as called for by the order dated July 5, 2018 filed in Court be taken on record.
Learned advocate appearing for the Municipality makes over a copy of such report to the learned advocate appearing for the petitioner in Court.
The report states that, there is a 'Doba' on L.R. Dag No. 149, Mouza - Balia, J. L. No. 46, Police Station - Sonarpur. The report also speaks of a First Information Report being lodged.
The Executive Officer of a concerned Municipality is the competent authority under the West Bengal Inland Fisheries Act, 1984 in terms of the notification dated July 20, 2017.
The plot of land in question is lying and situate within the jurisdiction of Rajpur-Sonarpur Municipality.
Since, there is 'Doba' on the plot concerned, the Executive Officer of the concerned Municipality will take expeditious measures under the West Bengal Inland Fisheries Act, 1984 in ensuing that, the plot is restored to its former description. Since, the concerned plot is recorded as 'Doba' in the records of rights, the Municipality will visit its sanction granted in respect of such plot concerned. It will take expeditious measures for the purpose of facilitating restoration of the plot to the description as appearing in the record of rights. It will take appropriate measures as directed by the competent authority under the West Bengal Inland Fisheries Act, 1984 with regard to the plot of land concerned. It is expected that, the entire exercise is completed within a period of eight weeks from the date of communication of this order.
W.P. No. 22386 (W) of 2016 is disposed of.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.