SMTI. TOKIDASI G.BINNU KUMAR vs THE HONBLE LT.GOVERNOR AND ORS. — SA /9/2026
Case under Code of Civil Procedure Act ,1908 Section NA. Disposed: Contested--DISPOSED on 23rd March 2026.
CNR: WBCHCP0001682025
Filing Number
SAT /1/2025
Filing Date
21-02-2025
Registration No
SA /9/2026
Registration Date
21-02-2025
Judge
HON'BLE JUSTICE CHAITALI CHATTERJEE(DAS)
Coram
HON'BLE JUSTICE CHAITALI CHATTERJEE(DAS)
Bench Type
Division Bench
Category
GROUP B (CIVIL MATTERS) ( 2 )
Judicial Branch
Judicial Section
Decision Date
23rd March 2026
Nature of Disposal
Contested--DISPOSED
Acts & Sections
Petitioner(s)
SMTI. TOKIDASI G.BINNU KUMAR
Respondent(s)
THE HONBLE LT.GOVERNOR AND ORS.
THE DEPUTY COMMISSIONER
THE TEHSILDAR
THE PATWARI
Hearing History
Judge: HON'BLE JUSTICE CHAITALI CHATTERJEE(DAS)
FOR ADMISSION
| Date | Purpose | Result |
|---|---|---|
| 24-02-2025 | FOR ADMISSION |
Orders
Summary The High Court at Calcutta set aside the lower courts' judgments and allowed the appellant's appeal. The court found that Smt. Tokidasi, who encroached government land in 1971 and continuously possessed it since 1972, qualifies as a pre-1978 encroacher eligible for land regularization under Clause 5 of the 1987 scheme, despite inheriting a share in her father's property. The court held that the encroachment register (Exhibit 9) proved her pre-1978 unauthorized possession and that having inherited property does not disqualify her from regularization benefits. This case analysis is maintained by casestatus.in based on publicly available court records.
Summary The High Court at Calcutta set aside the lower courts' judgments and allowed the appellant's appeal. The court found that Smt. Tokidasi, who encroached government land in 1971 and continuously possessed it since 1972, qualifies as a pre-1978 encroacher eligible for land regularization under Clause 5 of the 1987 scheme, despite inheriting a share in her father's property. The court held that the encroachment register (Exhibit 9) proved her pre-1978 unauthorized possession and that having inherited property does not disqualify her from regularization benefits. This case analysis is maintained by casestatus.in based on publicly available court records.
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