WPA(P)/81/2026 of NURUDDIN MOLLA Vs STATE OF WEST BENGAL AND ORS. on 27 July 2026

27.07.2026 Item No.19 Court No.01 Avijit Mitra

WPA (P) 81 of 2026

Nuruddin Molla

- Versus – The State of West Bengal & ors. Mr. Sabyasachi Chatterjee, Mr. Omar Faruk Gaji, Ms. Bidisha Das

….for the petitioner Mr. Billwadal Bhattacharyya, Ld.AAG, Mr. Ajit Kumar Mishra, Ld. AGP, Mr. Madhu Jana, JGA, Mr. Gopal Krishna Sarkar, Mr. Ranajay Chatterjee, Mr. Tarun Kr. Poddar, Mr. Milind Mohul Ghosh, Ms. Puja Sonkar …..for the State Ms. Iqra Rahaman …..for the respondent no.11 Fundamentally, the present writ petition, in the form of a Public Interest Litigation, has been preferred praying for a direction upon the concerned respondents to restore the functioning of Kharampur Hat situated at Mouza-Kharampur, J.L. No. 21, Dag No. 966, along with the adjoining Government land measuring 12 decimals, under Police Station Hasnabad, District North 24 Parganas (hereinafter referred to as "the said land"). Mr. Chatterjee, learned advocate appearing for the petitioner, submits that a hat (village market) had been functioning on the said land for a substantial period of time. However, it has been forced to cease operations. He submits that due to such stoppage of the functioning of the said hat, the people residing in the surrounding locality have been facing insurmountable inconvenience, and the same has also adversely affected the lives and livelihoods of the people of the locality. Espousing their cause, the present Public Interest Litigation has been filed by the petitioner, a public-spirited person. Mr. Bhattacharyya, learned Additional Advocate General appearing for the State, produces a report and submits that out of 1.78 acres of land, only 12 decimals had vested in the State. However, subsequently, a patta was granted in respect of the said land in favour of one Akramul Hoque and one Shakila Molla, and the remaining portion of the land is private land. Let the report, as produced, be kept on record. In reply, Mr. Chatterjee contends that the mere recording of a person's name in the Record of Rights does not create or confer any title in favour of such person. Drawing our attention to the remarks column of the L.R. Record of Rights pertaining to the said land, he submits that it is evident therefrom that a hat was operating on the said land. Heard the learned advocates appearing for the respective parties and considered the materials on record including the affidavits exchanged by the parties. As noted previously, from the L.R. Record of Rights, the information slip annexed at page 30 of the writ petition, the other documents appended thereto, as well as the report, it appears that the total area of the land is 1.78 acres, out of which 12 decimals vested in the State. A patta was granted in respect of the said 12 decimals of land in favour of one Akramul Hoque and one Shakila Molla, while the remaining portion of the land belongs to the persons whose names are recorded in the L.R. Record of Rights. In the L.R. Record of Rights, such persons have been described as a raiyat within the meaning of Sections

2(10) and 4(1) of the West Bengal Land Reforms Act. Thus, the entries recorded in the remarks column cannot determine the right to possession or title in respect of the said land. Therefore, as the documents placed on record by the parties indicate that the land belongs to private owners who have subsisting private rights therein, a writ of mandamus, as prayed for in the writ petition, cannot be issued in respect of such land. In view thereof, the writ petition is dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. (Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)