Bulbul Mullick And ORS v. State Of West Bengal And ORS.

10.04.2025 Item No.15 PG/Aritra Ct. No.1 W.P.A. (P) 94 of 2025 Bulbul Mullick & Ors.

Versus

The State of West Bengal & Ors.

Mr. Sujit Saha Mr. Jagannath Bhattacharya .........For the Petitioners Mr. Anirban Ray, Ld. GP Mr. Nilotpal Chatterjee Mr. Saptak Sanyal....................For the State Mr. Goutam Lahiri .....For the Respondent No.6 Mr. Abhishek Halder Ms. Madhurima Basu............For the Respondent No. 9

1. This writ petition has been filed styled as a public interest litigation alleging that the private respondents have illegally converted the physical classification of a Government property.

2. Without going into all the allegations, it would be suffice to note that the Block Land and Land Reforms Officer, Domjur, Howrah had issued a notice by memo dated July 23, 2024 directing the private respondents to stop illegal construction immediately and to restore the same in its original character in seven working days after receiving the said letter. The schedule of the property was also mentioned in the said letter.

3. It is not in dispute that the private respondents have received the said notice dated July 23, 2024. Pursuant thereto, a reply has been sent in the letter pad of B.K.S. Football Association on July 26, 2024, which has been received by the office of the Block Land and Land Reforms

Officer, as could be seen from the acknowledgement given in the copy of the said letter.

4. Therefore, the authority should adjudicate the matter, consider the reply given by the private respondents, afford an opportunity of personal hearing to the private respondents and thereafter to take a final decision by passing a reasoned order.

5. Accordingly, there will be a direction to the Block Land and Land Reforms Officer, Domjur, Howrah to fix a date of hearing in which the private respondents shall be directed to be present including the President of the Association and after hearing the parties and perusing the documents that they may produce, a reasoned order be passed on merits and in accordance with law.

6. This direction be complied with within a period of three weeks from the date of receipt of server copy of this order.

7. With the aforesaid directions, the writ petition is disposed of.

8. No costs.

9. The written instructions dated July 26, 2024 and August 6, 2024 are taken on record.

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

11.

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