Dibakar Kamila And ORS. v. The State Of West Bengal And ORS.

M/L 7 05.05.2025 Court. No. 19 Suvayan WPA 7151 of 2025 Dibakar Kamila & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Siddhartha Sankar Mandal Mr. Tirtha Pati Acharya Ms. Arunima Das Sharma ...for the petitioners.

Mr. Chandi Charan De, AGP Mr. Anirban Sarkar ...for the State.

1. The affidavit-of-service as filed today is taken on record.

2. At the time of hearing Mr. Mandal, learned Advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to page no. 20 of the instant writ petition being a printout of the online live data as on 05.03.2025 in respect of Mouza - Dihibirkul, Block - Ramnagar - 1, District - Purba Medinipur. It is submitted that from the said live data it would reveal that plot nos. 1482, 1483 and 1485 stand recorded in the name of God 'Sree Sree Jhareswar Mahadev' and those lands have been recorded under the classification temple, debosthan and doba (water body).

3. At this juncture, Mr. Mandal took me to page no. 30 of the instant writ petition being a copy of the letter dated 21.03.2025 addressed to the DL & LRO, Purba Medinipur, West Bengal.

4. It is submitted by Mr. Mandal that under cover of the said letter dated 21.03.2025 the writ petitioners raised

objection with the said DL & LRO regarding the alleged attempt by the respondent nos. 7 and 8 regarding construction of Anganwadi house over the said three said plots of lands which stand recorded in the name of the aforementioned God. It is submitted that despite receipt of such letter as well as various other previous letters the respondents/authorities practically did nothing and they are still bent upon to make such illegal construction.

5. This Court has heard Mr. De, learned AGP appearing on behalf of the respondent nos. 1 to 6.

6. On careful consideration of the entire materials as placed before this Court and after hearing the learned Advocates for the contending parties this Court directs the respondent no. 6/authority to make a spot verification and enquiry in terms of the letter of complaint dated 21.03.2025 as submitted by the writ petitioners with the jurisdictional DL & LRO. It is further directed that the respondent no. 6 at the time of such enquiry shall cause due service of notice upon the writ petitioners as well as upon the respondent nos. 7 and 8 and shall thereafter submit his report before the respondent no. 3 within 30 working days from the date of communication of the server copy of this order.

7. On receipt of such report the respondent no. 3/authority shall again cause service of notices upon the writ petitioners as well as upon the respondent nos. 7 and 8 and after giving due opportunity of hearing both to the writ petitioners and the respondent nos. 7

and 8 and after considering all relevant documents, if submitted on behalf of the writ petitioners and the respondent nos. 7 and 8 and also considering the report of the jurisdictional BL & LRO, i.e.; the respondent no. 6 herein shall come to a logical conclusion of the same by passing a reasoned order soon thereafter and shall communicate the said reasoned order to the writ petitioners and the respondent nos. 7 and 8 preferably by mail, if the mail details of the writ petitioners and the respondent nos. 7 and 8 are furnished to him at the time of hearing.

8. It is made clear that the entire exercise as indicated in the forgoing paragraph is to be completed by the respondent no. 3 within 60 working days from the date of receipt of the report from the respondent no. 6.

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

10. Liberty is given to the learned Advocate-on-Record of the writ petitioners to communicate the server copies of this order along with copies of the letter dated 21.03.2025 to the respondent nos. 3 and 6 for their immediate compliance.

11. The respondent nos. 3 and 6 are directed to act on the server copies of this order.

12. With the aforementioned observation, the instant writ petition being WPA 7151 of 2025 is disposed of.

13. Before parting with it is, however, made clear that the respondents/authorities shall not make any construction and/or any further construction over the

aforementioned plot nos. 1482, 1483 and 1485 under Mouza - Dihibirkul, Block - Ramnagar - 1, District - Purba Medinipur till passing of the reasoned order by the respondent no. 6.

14. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)