Dulal Chandra Manna vs State Of West Bengal & Ors.

On the last occasion, the Block Development Officer was directed to demarcate the area in the concerned plot no. 704 so that the petitioner could be given a right of way to his residence in terms of an order passed by the District Magistrate, Purba Medinipore on November 8, 2007. The relevant portion the order is quoted below :-

"Perused the documents, in order to ease out the hardship of the petitioner, I am of the opinion that a passage through the plot No.704 may be allowed to the petitioner by the school Authority, without jeopardizing the safety and security of the school premises.

Hence, it is ordered that the school Authority shall arrange for keeping the provision of small gate(s) between boundary wall erected by the school Authority to allow ingress and egress of the petitioer through School compound.

BDO, Nandakumar, is directed to mediate and amicably settle the matter ensuring safety and security of the school. Thus, the case is finally disposed off and order of the Hon'ble High Court is thus complied with."

Pursuant to the said direction of this Court dated January 3, 2019, the Block Development Officer, Nandakumar Development Block held an inspection on January 14, 2019 in presence of all the concerned parties. After verification and demarcation, the Block Development Officer concerned observed as follows :-

"Total 20(twenty) persons were present for this inspection and demarcation 1) Dulal Chandra Manna, 2) TIC of Haripur Adarsha Primary School 3) the Pradhan of Kumarpara Gram Panchayat. 4) the Chairman of Haripur VEC 5) Representative of the 5.1 of school, Mahishadal West Circle, 6) 02 nos. Amin of the BL & LRO, Nandkumar, 7) the Revenue Inspector of Kumarapara Gram Panchayat and villagers of Haripur.

As per physical verification and demarcation of the suit plot :-

a)Plot no. 704 area 6 demical, owner - Haripur Adarsha Pry. School authority and positioned by school authority 100%.

b)Plot no. 699/816 area -06 decimal, owner - Haripur Adarsha Pry. School authority and positioned by school authority 100%.

c)Plot no. 699 area -06 decimal, owner - Haripur Village Committee-02 decimal (as per deed no.5488 of 2014, of the ADSR Khanchi), ii) Rest of the portion owner others villagers,

d)Plot no.701 area 09 decimal, partly purchased by owner - Haripur Village Committee-1-3/4 decimal extreme south side of this plot as per deed no.6916 of 1973, of the ADSR Mahisadal.

e)Plot no.700 area 04 decimal, partly purchased by owner - Haripur Village Committee- 3/4 decimal extreme south side of this plot as per deed no.6916 of 1973, of the ADSR Mahisadal.

f)Present said school building is situated partly at plot no.704, 700, 701 and 704/817.

g)There is a boundary wall (pucca) situatedo n the plot no.-699, 699/816, 700 & 701 (marked with green colour in sketh map).\

h)The petitioner is residing at plot no.702, There is no open space to enter plot no.704 from plot o.702.

i)If the petitioner wants to enter through north side of the plot no.704, he has to bound to pass through the purchased demarcated portion of the plot no.700 & 701 which is partly owner of Haripur Village Committee.

j)The petitioner wants to enter through west side of the plot no.704, there is no scope of the petitioner as already school building is existed that side of this said plot.

k)Plot no.700,701 & 699 partly owner (which is specifically demarcated by side link) Haripur Village Committee. As per deed no.6916 of 1973 of the ADSR, Mahisadal and deed no.5488 of 2014, of the ADSR Khanchi. This Haripur Village Committee gave a mass petition to all concerned to informed that they will not allow any body to any purpose of use their purchased demarcated portion except Haripur Adarsha Primary School."

It is submitted on behalf of the State respondents that the Block Development Officer concerned could not settle the disputes amicably.

A prayer is made on behalf of the learned Advocate appearing for the petitioner that the matter be relegated back to the District Magistrate, Purba Medinipore, so that the order of the District Magistrate concerned dated November 8, 2017 can be implemented at his instance and with his machinery due to the failure of the sub-ordinate officer to implement the same. It is submitted by the learned Advocate appearing for the petitioner that there is a passage existing.

This is a disputed question, which cannot be gone into by this Court.

This writ application is disposed of with a direction upon the District Magistrate concerned to enquire into the matter afresh with the assistance of the officials of the Block Development Officer concerned and the Block Land & land Reforms Office, Nandakumar Block.

The District Magistrate concerned shall also consider the documents filed by the petitioner in support of his claim whether a small passage can be given to the petitioner. The District Magistrate concerned should also take into consideration those facts, which had prompted the authority to pass the order dated November 8, 2017.

The entire exercise should be completed by the District Magistrate concerned with a period of four weeks from date.

The petitioner shall be at liberty to communicate this order and also file such documents as also a representation before the District Magistrate concerned so that his grievance can be considered by the said authority. The private respondents, namely, the school authorities shall be at liberty to file such documents in support of their contentions.

It is made clear that this order is passed only for consideration of the prayer of the petitioner for demarcation of a passage to reach his house from the main road as already indicated by the authority and the petitioner cannot claim any other right on the basis of this order.

With the above observations, this writ application stands disposed of.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.