Sat, 10 Dec 2022

New Delhi [India], October 1 (ANI): The Supreme Court has transferred the petition to the Calcutta High Court relating to certain areas falling under Mauza-Toushkhali in district North 24 Parganas in West Bengal.

Petitioner Golam Gazi has preferred a petition relating to certain areas falling under Mauza-Toushkhali in North 24 Parganas district in West Bengal.

Petitioner Gazi, who was represented by advocates Santi Ranjan Das, Anindo Mukherjee and Rameshwar Prasad Goyal, submitted that one of the respondents, by cutting the embankment of the river is trying to divert the flow of the river for private gain, putting the interest of the entirety of the population coming from the surrounding villages to prejudice.

"In our view, since the matter concerns the area in West Bengal, rather than entertaining the petition under Article 32 of the Constitution of India, the better course would be to agitate the same issues through a petition filed under Article 226 of the Constitution of India," a bench of Chief Justice of India UU Lalit and Justice JB Pardiwala said.

"We, therefore, transfer this petition to the Calcutta High Court and direct the Registry of the Calcutta High Court to register the same as a public interest litigation under Article 226 of the Constitution of India and place it before the appropriate Court for disposal," the court said.

"The facts stated hereinabove are only by way of narration of events and any observations made by us shall not be taken to be a reflection of the merits of the matter which shall be gone into independently," the court said and disposed of the petition. (ANI)

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