Community Human v. State Of West Bengal And ORS.

27.02.2025 Item No.03 PG/KS Ct. No.1 W.P.A.(P) 24 of 2025 Community Human represented by Its Chairman of Community Human Rights, Dr. Sukumar MK Ghosh

Versus

The State of West Bengal & ors.

Mr. Abhijit Sarkar Mr. Raja Biswas Mr. Debojyoti De...................for the petitioner Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata.........for the State

1. The petitioner has filed this writ petition alleging encroachment in the subject area and for a direction to recover the land so that the public will be able to use the same as footpath and also to protect the rivers in question.

2. A report has been submitted by the District Magistrate, Alipurduar dated February 15, 2025 along with the annexures, which shows that there is large-scale encroachment.

3. The learned Government counsel submitted on instruction that on February 18, 2025 notices have been issued to the encroachers.

4. Let the authority, who has issued the notices proceed with the matter diligently and ensure that the encroachments are removed expeditiously after affording adequate opportunity of hearing to the alleged encroachers.

If the alleged encroachers submit documents in support of their claim, the same should

be considered and thereafter a reasoned order should be passed.

5. The above directions shall be complied with expeditiously, preferably within a period of four months from the date of receipt of server copy of this order.

6. With the aforesaid directions, the writ petition stands disposed of.

7. No costs.

8. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)