Bhaktipada Bhowmik v. State Of West Bengal And ORS.

Item No.25 16.04.2025 Court. No. 19 GB W.P.A. 7381 of 2025 Bhaktipada Bhowmik Vs.

The State of West Bengal & Ors.

Mr. Sankar Paul, Ms. Kumari Shipra Roy, Mr. Arun Kumar Dey ... for the Petitioner.

Md. T.M. Siddiqui, Ms. Debdooti Dutta ... for the State.

Mr. Dilip Kumar Saha, Ms. Dhriti Das ... for the Respondent Nos.10, 12, 13 & 15.

1. Affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

2. In course of his submission Mr. Pal, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no.49 of the writ petition being a copy of the letter dated March 1, 2025 as written by the writ petitioner addressed to the Sub-Divisional Officer, Panskura Irrigation SubDivision, Purba Medinipur stating, inter alia, that the private respondents have constructed a tin sheded room over the P.W.D. land, as a result whereof, he is not getting free access to his land which is situated just by the side of the P.W.D. road being L.R. Plot No.340, Mouza - Raichak under P.S. - Kolaghat. It is submitted on behalf of the writ petitioner that the said authority had sat tight over the matter and practically did nothing.

3. Mr. Saha, learned advocate appearing on behalf of the private respondents, however, disputed the contention of the writ petitioner. It is submitted on behalf of the private respondents that from the said letter it would reveal that the private respondents are the members of a local club and, therefore, the said club should be made a party.

4. It is further submitted on behalf of the private respondents that the respondent no.5 was never approached by the writ petitioner.

5. This Court also heard Mr. Siddiqui, learned senior advocate appearing for the State respondents.

6. On careful consideration of the entire materials as placed before this Court, this Court while disposing the instant writ petition directs the respondent no.5 to consider a copy of the instant writ petition as a representation of the writ petitioner. The respondent no.5 is further directed to ask the jurisdictional Block Land and Land Reforms Officer to cause an enquiry. The jurisdictional Block Land and Land Reforms Officer shall cause such enquiry after serving notice upon the writ petitioner as well as upon the private respondents and shall submit its report within a period of thirty working days from the date of receipt of the requisition from the respondent no.5/authority.

7. The respondent no.5/authority is thereafter directed to consider the copy of the instant writ petition being a representation of the writ petitioner and the enquiry

report as submitted by the jurisdictional Block Land and Land Reforms Officer after serving notice upon the writ petitioner and the private respondents and/or their authorized representatives and thereafter shall pass a reasoned order forthwith and shall communicate the same to the writ petitioner as well as to the private respondents preferably by mail, if the email details of the writ petitioner and the private respondents are supplied to him at the time of hearing. It is further directed that in the event the respondent no.5 finds sufficient merit in the representation of the writ petitioner, he is directed to act forthwith in accordance with law.

8. The entire exercise as indicated hereinabove is to be completed within sixty working days from the date of submission of the enquiry report by the jurisdictional Block Land and Land Reforms Officer. The time limit as fixed by this Court is mandatory and peremptory.

9. Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order along with a copy of the instant writ petition to the respondent no.5 as well as the respondent no.6 for their immediate compliance. Respondent nos.5 and 6 are directed to act on the server copy of this order.

10. With the aforementioned observations the writ petition is disposed of.

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

(Partha Sarathi Sen, J.)