Murshidabad Gopalnagar Samaj Kalyan Samity And ANR. v. District Magistrate, Murhsidabad And ORS.

16.04.2025 (D/L 08) Ct.-17 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 7504 of 2025 Murshidabad Gopalnagar Samaj Kalyan Samity & Anr.

-VsThe District Magistrate, Murshidabad & Ors. Mr. Soumya Majumder, Sr. Adv., Mr. Sandip Sarkar, Mr. Arjun Samanta, .... For the Petitioners.

Mr. Sk. Md. Galib, Sr. Govt. Adv., Mr. Alok Banerjee, .... For the State.

Affidavit-of-service filed on behalf of the petitioners be kept with the record.

The petitioners are challenging a notice under Section 4 of the Public Land (Eviction of Unauthorized Occupants) Act, 1962.

Mr. Majumder, learned senior advocate for the petitioners submits that the subject land is not a Public Land as defined under the said Act of 1962; as such, the proceeding is not maintainable.

The challenge to the said notice is prematured; it is always open for the petitioners to take all defence(s) available under the law in the said proceeding; however, the Sub Divisional Magistrate, Berhampore, District: Murshidabad, the respondent no.2 herein, is obliged to determine the issue regarding the nature of the subject land, as urged by Mr. Majumder first as

the same would decide the maintainability of the said eviction proceeding.

W.P.A. 7504 of 2025 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)