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Calcutta High CourtWPA/1283/2025disposed

Arch Infra Properties Private Limited v. State Of West Bengal And ORS.

2025-01-27Hon'Ble Justice Jay Sengupta2 pages

Item.13 27.01.2025 WPA 1283 of 2025 Arch Infra Properties Private Limited -vs- The State of West Bengal & ors.

Ms. Debangana Dey Nayak ...for the petitioner Mr. Mahaimenul Mondal Mr. Pinaki Ranjan Mitra ...for the State Report filed on behalf of the State is taken on record. ssi Ct. 17 Learned counsel appearing on behalf of the petitioner submits as follows. The petitioners had purchased the property in question and had developed it into a building complex. Certain local people including anti-socials with a patronage of politically influential person have encroached upon government land in front of the property developed by the petitioner. This is creating obstruction in accessing the property. A representation was made before the concerned authorities including The Chairman, West Bengal Housing Infrastructure Development Corporation Limited, The Municipal Commissioner, Bidhannagar Municipal Corporation and the local police authorities and the like. But, the same was not responded to.

Learned counsel appearing on behalf of the State relies on the report and submits that a strict vigil is being kept round the clock at the area in question in order to maintain

peace.

It does not appear that the petitioners have made any representation before the concerned authorities for initiating any action in terms of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962.

In view of the above, the writ petition is disposed of by granting liberty to the petitioner to make an appropriate representation before the concerned SDO in accordance with law and if the same is made within a fortnight from this date, the concerned SDO shall consider it in accordance with law and upon hearing the necessary parties as expeditiously as possible, preferably within six weeks from the date of making such application.

It is made clear that the merits of the case have not been gone into.

Accordingly, the writ petition is disposed of. As affidavits were not called for, the allegations made in the writ petition are deemed not to have been admitted. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)