Patit Ghosh v. The State Of West Bengal And ORS.

16.04.2025 (D/L 12) Ct.-17 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 7728 of 2025 Patit Ghosh -VsThe State of West Bengal & Ors.

Mr. Pankaj Halder, Mr. Sanatan Panja, Mr. Tapas Manna, .... For the Petitioner.

Sk. Md. Galib,Sr. Govt. Adv., Ms. Priyamvada Singh, .... For the State.

Mr. Soumik Dey, .... For the DPSC (Nadia).

Mr. Ramen Bose, .... For the Respondent no. 13.

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

The petitioner is alleging that the residents of Village: Bangrata, P.O. Buincha, P.S. Santipur had gifted a piece of land to the Nadia District Primary School Council for setting up a Primary School but the private respondent no. 13, namely, Ashim Ghosh, and his associates have encroached upon the said land and have constructed a building thereon. The petitioner, being the owner of a plot of land adjacent to the aforesaid land had protested against such encroachment and by a representation dated March 07, 2025, had sought for intervention of the Sub-Divisional Officer, Sadar Krishnanagar, District: Nadia, the respondent no. 7 herein for removal of such encroachment. The said representation forms part of the instant writ petition.

The said respondent is directed to consider and dispose of the said representation in accordance with law after giving all concerned parties, an opportunity of hearing within a period of six weeks from the date of communication of this order.

It is made clear that while disposing of the said representation, the respondent no. 7 shall first determine the nature of the said land, i.e. whether it is a Public Land as defined under the Public Land (Eviction of Unauthorized Occupants) Act, 1962. W.P.A. 7728 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.)