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

CASE DISPOSED

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

Code of Civil Procedure Act ,1908 Section NA

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)

24-02-2025

FOR ADMISSION

Orders

23-03-2026
HON'BLE JUSTICE CHAITALI CHATTERJEE(DAS)

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.

casestatus.in Summary

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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