Dismissed¶¶16

Arijit Ratan Malik v. State of West Bengal and Ors.

Calcutta HC2 Apr 2025WPA/6282/2025

Case brief

AI extract

What is this about?

Locus standi; maintainability of writ petition; failure to show grievance/averment of injury; Patta distribution allegedly illegal; private respondent no. 5; State of West Bengal; petition not a PIL; writ petition dismissed.

What did the court decide?

There is no averment in the writ petition explaining how the petitioner is aggrieved by the alleged distribution of Patta in favour of private respondent no. 5. ¶¶15

Arijit Ratan Malik Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

¶1

S/L 14 02.04.2025 Court. No. 236 Sourav

¶2

WPA 6282 of 2025

¶3

Sri Arijit Ratan Malik Vs.

¶4

The State of West Bengal & Ors.

¶5

Sk. Moinuddin

¶6

… for the petitioner.

¶7

Mr. Ashim Kumar Ganguly, Ld. AGP Mr. Tarak Karan

¶8

… for the State.

¶9

Affidavit-of-service as filed in Court today on behalf of the writ petitioner is taken on record.

¶10

Since the learned advocate for the respondent/State has raised the question of maintainability of the instant writ petition, this Court proposes to look to the maintainability of the instant writ petition at the first instance.

¶11

In course of hearing, learned advocate for the writ petitioner draws attention of this Court to Page No. 17 of the instant writ petition being a copy of the letter as written by the writ petitioner addressed to the respondent no. 4 which was received by the office of the respondent no. 4 on 17.02.2025. It is argued that under cover of such letter, the writ petitioner has brought to the notice of the respondent no. 4 that Patta in respect of the relevant land was illegally given to the private respondent no. 5.

¶12

In course of hearing, Mr. Ganguly, learned AGP at the very outset submits before this Court that from the said letter as well as from the pleadings of the instant writ

¶13

¶14

petition, it cannot be ascertained as to how the writ petitioner is aggrieved with the alleged distribution of Patta in favour of the writ petitioner.

¶15

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court finds that there is no averment on behalf of the writ petitioner to the effect as to how by the alleged distribution of Patta in favour of the private respondent no. 5, the petitioner is aggrieved. It further appears to this Court that the writ petitioner has miserably failed to prove his locus to initiate the instant writ petition especially when the instant writ petition is not a Public Interest Litigation.

¶16

In view of the observations made hereinabove, this Court finds no merit in the instant writ petition and, accordingly, the instant writ petition being WPA 6282 of 2025 is dismissed.

¶17

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

Arijit Ratan Malik v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Arijit Ratan Malik v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

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