Arup Ghora v. The State Of West Bengal And ORS.

Item No.19 17.04.2025 Court. No. 19 GB W.P.A. 7900 of 2025 Arup Ghora Vs.

The State of West Bengal & Ors.

Mr. Gazi Faruque Hossain, Ms. Varsha Roy ... for the Petitioner.

Mr. Ayan Banerjee, Mr. Amrita Lal Chatterjee ... for the State.

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

2. Despite service, none appears on behalf of the private respondent nos.10 to 12, though the learned advocate for the writ petitioner and the learned advocate for the respondent/State and its functionaries are present.

3. At the time of hearing Ms. Roy, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos. 27 and 28 of the instant writ petition being a copy of the letter written by the writ petitioner addressed to the respondent nos.5 and 6. It is submitted on behalf of the writ petitioner that under cover of the said letter it has been brought to the notice of the respondent nos.5 and 6 that on account of illegal encroachment of P.W.D. road in front of the premises of the writ petitioner at L.R. Plot No.1179 in Mouza - Dhopaghata under P.S. Singur, the writ petitioner is not getting easy ingress and egress to his said property and on the contrary such encroachment on the part of the private respondents caused blockage in front of

the property of the writ petitioner. It is submitted that despite receipt of such letter the respondent nos.5 and 6 did nothing and practically sat tight over the matter.

4. Mr. Chatterjee, learned advocate appearing on behalf of the respondent/State and its functionaries in his usual fairness submits before this Court that an appropriate order may be passed directing the respondent no.5 to pass a reasoned order after obtaining a report from the jurisdictional Block Land and Land Reforms Officer after giving a chance of hearing both to the writ petitioner as well as the private respondents.

5. On careful considerations of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no.8, that is, the Block Land and Land Reforms Officer, Singur to cause an enquiry with regard to the allegation made by the writ petitioner in the instant writ petition after serving notice upon the writ petitioner and the private respondents and thereafter he shall submit a report of such enquiry before the respondent no.5 authority within thirty working days from the date of receipt of the server copy of this order together with a copy of the instant writ petition.

6. The respondent no.5 is also directed to consider a copy of the instant writ petition as a representation of

the writ petitioner. The respondent no.5 is further directed to consider such representation in the light of the enquiry report as would be submitted by the respondent no.8 and after giving an opportunity of hearing both to the writ petitioner and the private respondents and/or their authorized representative shall pass a reasoned order and shall communicate the same forthwith to the writ petitioner and 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.

7. It is further made clear that the entire exercise as indicated in the foregoing paragraphs is to be completed by the respondent no.5 authority within sixty working days from the date of receipt of the report from the respondent no.8.

8. 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 and the copies of the instant writ petition along with all annexures to the respondent nos.5 and 8 for their immediate compliance. Respondent nos.5 and 8 are directed to act on the server copy of this order.

10. With the aforementioned observations the instant 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.)