Sk. Abdul Sobhan v. State Of West Bengal And ORS.

February 25, 2025 AD 12 Ct. 17 SG WPA 1556 of 2025 Sk. Abdul Sobhan vs.

The State of West Bengal and others Mr. Saibal Kumar Acharyya Mr. Pradip Paul Ms. Renesa Dey ... for the petitioner.

Mr. Rajat Dutta Ms. Tuhina Parvin ... for the State No one appears on behalf of the private respondent despite service of notice by the petitioner and even through the police.

Learned counsel for the petitioner submits that the respondent No.9 is in unauthorised occupation of Government land. He had constructed a structure on the plot No.801, JL No.384, Mouza-Balarampur under jurisdiction of Kharagpur Local Police Station. Although a process was initiated on the complaint of the petitioner in terms of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962, the same was not taken to its logical conclusion.

Learned counsel for the State, upon instructions, submits that although a notice dated 10.07.2024 was issued by the Sub-Divisional Officer, Lachmapore (1) Sub-Division, no follow-up action was taken by the

respondent No.9. It might have been due to certain unforeseen situations like flood, which had taken place in the month of September, 2024 in the area.

It appears that the respondent Authorities had initiated process in respect of removal of unauthorised encroachment on public land.

In view of the above, let the respondent authorities take appropriate steps in this regard in accordance with law upon adequate notice to all interested parties as expeditiously as possible.

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

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)