Kamal Das And Others v. State Of West Bengal And ORS.

22.01.2026 Item No.11 Ct. No.1 KS W.P.A. (P) 115 of 2022 With I.A. No. CAN 1 of 2022 Kamal Das & Ors.

Vs.

The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee .....For the Petitioners Mr. Swapan Kr. Dutta, Ld. G.P.

Mr. Nilotpal Chatterjee .....For the State Mr. Kanai Lal Samanta .....For the Pvt. Respondent Nos.9 & 10 PER, PARTHA SARATHI SEN, J.:

1. Parties are represented through their respective learned counsels.

2. At the time of hearing, Ms. Dhabal, learned counsel appearing on behalf of the writ petitioners, at the very outset, draws our attention to page 42 of the instant writ petition being, a copy of the representation dated 27.12.2021, as submitted by the writ petitioners, before the respondent authorities alleging that the private respondents in their alleged capacity of Shebait had sold out the land, which has been alluviated and thus became the property of the State. It is also submitted by Ms.

Dhabal that despite submission of such representation, no action has been taken by the respondent authorities.

3. Mr. Chatterjee, learned counsel appearing on behalf of the State submits before this Court that he has got no objection, in the event, the jurisdictional District Magistrate be directed to consider the representation 27.12.2021, in accordance with law.

4. Accordingly, this Court while disposing of the writ petition, directs the District Magistrate, Purba Medinipore to consider the representation dated 27.12.2021, as submitted by writ petitioners, in accordance with law and after giving due chance of hearing both to the writ petitioners as well as to all the stake holders.

5. Liberty is given to the District Magistrate, Purba Medinipur to obtain filed verification report and thereafter to pass a reasoned order on the representation, if he so desires and shall forthwith communicate the same both to the writ petitioners as well as to all the stake holders.

6. The entire exercise, as indicated hereinabove, shall have to be completed within 60 days from the date of receipt of server copy of this order.

7. The time limit, as fixed by this Court, is peremptory and mandatory.

8. It is, however, made clear that in the event, while passing the reasoned order, the respondent authorities

finds sufficient merit in such representation of the writ petitioners, they are directed to act, in accordance with law forthwith.

9. With the aforementioned observation, W.P.A. (P) 115 of 2022 is disposed of.

10. Liberty is given to the learned advocate on record for the writ petitioners to communicate the server copy of this order to the jurisdictional District Magistrate. The District Magistrate, Purba Medinipur is directed to act on the basis of server copy of this order.

11. Before parting with, it is, however, made clear that while disposing the instant writ petition, we have not gone into the merits of the representation and thus all points are kept open before the respondent authorities.

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

(SUJOY PAUL, CJ.) (PARTHA SARATHI SEN, J.)