Mariam Hansda v. State Of West Bengal And ORS.

Court No. 19 WPA 3087 of 2026 (265719) Mariam Hansda Vs.

The State of West Bengal & Ors.

Mr. Ziaul Haque Mr. Mazhar Hossain Chowdhury ...for the petitioner 16.02.2026 (AD 46) (S. Banerjee) Mr. Lalit Mohan Mahata, Ld. AGP Mr. Rudranil De ...for the State Mr. Soumya Mukherjee ...for the respondent no. 5 Affidavit of service filed in Court today, is taken on record.

Petitioner alleges that the private-respondents are trying to carry on extraction activities by encroaching upon the plot of the petitioner without obtaining requisite permission for running the crusher machine in aid of mining operation. Petitioner claims to have submitted a representation before the District Magistrate, Birbhum dated August 8, 2025. Mr. Mahata, learned AGP, submits that the Executive Magistrate, Rampurhat, Birbhum passed an order dated July 21, 2025 directing the Officer inCharge, Nalhati to stop all mining activities over the plot in question until further orders and to maintain peace therein.

Since an allegation of illegal running of a crusher machine has been made, it is the duty of the concerned respondent authority to consider the same and take steps in accordance with law if there is any illegal mining activity.

In the light of the submission made by the learned advocates appearing for the respective parties and without entering into the merits of the claims made by the petitioner in the representation dated August 8, 2025, this writ petition stands disposed of by directing the District Magistrate, Birbhum, being the 3rd respondent, to consider the representation of the petitioner dated August 8, 2025 and to dispose of the same by passing a reasoned order after affording an opportunity of haring to the petitioner, privaterespondents and/or any other interested person who may be affected by such decision, or their authorized representative, and to communicate the reasoned order to the petitioner and other parties as expeditiously as possible but positively within a period of eight weeks from the date of receipt of a server copy of this order along with a copy of the representation dated August 8, 2025.

(Hiranmay Bhattacharyya, J.)