Calcutta High CourtWPA/2936/2025disposed

Anup Kumar Mandal v. The State Of West Bengal And ORS.

2025-02-19Hon'Ble Justice Jay Sengupta2 pages

February 19, 2025 AD 10 Ct. 17 SG WPA 2936 of 2025 Anup Kumar Mandal vs.

The State of West Bengal and others Mr. Salil Kumar Maiti Ms. Dolan Samanta ... for the petitioner.

Mr. Rajat Dutta Ms. Subhra Nag ... for the State.

Mr. Sandip Kundu ... for the respondent No.9 (pvt. respdt.) Affidavit of service filed in Court is taken on record. Learned counsel for the petitioner submits as follows. The private respondents had come up with illegal construction on Government land near the petitioner's property. The same is blocking the ingress and egress to the petitioner's property. Accordingly, the petitioner made a representation seeking action in terms of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 before the respondent authorities including the Sub-Divisional Officer, Tamluk on 02.12.2024. However, the said representation has not been responded to as yet.

Learned counsel for the respondent No.9 denies the allegations and submits that the petitioner has

suppressed the fact that there exists a partition suit between the petitioner and the private respondents over an adjacent plot (plot No.45).

Learned counsel for the State submits that if a representation is pending consideration before the authorities, the same would be considered in accordance with law.

It appears that a representation of the petitioner dated 02.12.2024 is pending consideration.

In view of the same, let the Sub-Divisional Officer, Tamluk consider the petitioner's representation dated 02.12.2024 in accordance with law and upon hearing all the interested parties as expeditiously as possible, preferably within eight weeks from the date of communication of this order.

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

With these observations, the writ petition is disposed of without any order, even as to costs.

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

(Jay Sengupta, J.)