Smt. Shibaini Rani Sen v. State Of West Bengal And ORS.

ItemWPA 3129 of 2026 26-02-2026 Shibani Rani Sen Ct. 19

Versus

State of West Bengal & Ors.

sg Mr. U.K. Jana Mr. A.K. Chakraborty ...for the petitioner Mr. Lalit Mohan Mahata, ld. AGP Mr. Prasanta Behari Mahata ...for the State Affidavit of service filed in Court is taken on record. The petitioner claims to be the owner of LR Dag no. 201, LR khatain no.398, within Mouza Dhubni, under Police station Debra, in the District of Paschim Medinipur. The petitioner alleges that the private respondents have raised an unauthorized construction over the embankment belonging to the Irrigation and Waterways Department, Government of West Bengal. The petitioner submitted representation before various authorities requesting them to remove the unauthorized encroachment from the land belonging to the Irrigation and Waterways Department.

The learned Counsel appearing for the petitioner submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities to remove the said encroachment.

Mr. Mahata, learned Additional Government Pleader, submits that no representation before the appropriate authority has been submitted. He submits that, if the petitioner seeks removal of encroachment under the

provisions of West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962, the Sub-Divisional Offer is the appropriate authority. He further submits that no representation has also been submitted before the appropriate authority.

Faced with such situation, the learned Advocate for the petitioner prays for liberty to file a comprehensive representation before the appropriate authority praying for removal of encroachment from the land belonging to the Irrigation and Waterways Department.

Such submission, however, is not opposed by Mr. Mahata.

In the light of the submission made by the learned Advocate for the petitioner, WPA 3129 of 2026 stands disposed of by giving liberty to the petitioner to submit a comprehensive representation before the appropriate authority ventilating his grievance against the unauthorized construction and if such a representation is submitted, such authority shall consider and dispose of the same in accordance with law as expeditiously as possible. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)