Minirujjaman And ANR v. State Of West Bengal And ORS.

09.06.2025 Item No.3, ML Court No.17 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 8744 of 2025 Manirujjaman & Anr.

-Vs- The State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal, Ms. Poulomi Chakraborty.

.....for the petitioners.

Ms. Sipra Mazumder, Ms. Prativa Ghatak.

....for the State.

Mr. Udaynarayan Betal, ....for the respondent nos.8 & 9.

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

In compliance with a direction passed in WPA 4235 of 2025, the proceeding for eviction of unauthorized occupants from public land under Section 3 of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 was initiated and an order of eviction under Section 4 thereof was passed in the said proceeding.

The petitioners are aggrieved by the said order inter alia on the ground that the said order has been passed in respect of the property belonging to them without serving any notice under Section 3 of the said Act of 1962.

The said order is open to appeal under Section 7 of the said Act of 1962, in view of

availability of such efficacious alternative remedy, WPA 8744 of 2025 is dismissed as not maintainable without any order as to costs.

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

(Biswajit Basu, J.)