Aliulla Sardar v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side Ct.551 19.02.26 D/L.

Item No.902 (Samar) WPA 1228 of 2026 Aliulla Sardar Vs The State of West Bengal & Ors.

Mr. Sk. Jayed Hossain, Mr. K.M. Hossain, Mr. Maynkh Saha, ....for the Petitioner.

Mr. Susanto Pal, .... for the State.

1. Affidavit of service filed today is taken on record.

2. This writ petition alleges inaction on the part of the respondent State authorities in taking steps on the basis of the petitioner's representation alleging encroachment of Public/Government Land.

3. It is noticed that the petitioner has made the representation before the respondent no. 3 i.e. the Sub-Divisional Officer only on December 23, 2025, which has been received by such officer on December 29, 2025. This writ petition has been filed on January 17, 2026. This writ petition seems to be over ambitious.

4. It is submitted by the learned advocate appearing for the State respondent that the State respondents have already taken appropriate steps and relevant enquiry is under way.

5. Since, this writ petition has been filed even without waiting for month for the authorities to take appropriate steps in accordance with law, no mandatory order can be passed in this writ petition.

6. However, the respondent no. 3 shall remain free to take appropriate steps for removing encroachment over Government Land /Public land, if any, in accordance with law upon giving due notice and opportunity of hearing to all interested parties.

7. WPA 1228 of 2026 stands disposed of with the above observations. No costs.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities (Om Narayan Rai , J.)