Salma Bibi v. State Of West Bengal And ORS.

09.06.2025 (M/L 05) Ct.-17 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 9171 of 2025 Salma Bibi -VsThe State of West Bengal & Ors.

Mr. Pradip Kumar Mandal, Mr. Arka Mondal, ...For the Petitioner.

Ms. Reshmi Khatun, .... For the Private Respondent No.10.

Ms. Sharmila Dutta (VC), .... For the Respondent.

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

The petitioner is alleging that the private respondent no. 10 has encroached upon public land at Nurpur bus stand.

The learned advocate for the petitioner submits that the petitioner praying removal of such encroachment has given a representation to the Sub-Divisional Officer, Diamond Harbour, District24 Parganas (South), the respondent no. 3 herein. He prays for a direction upon the said respondent no. 3 for the disposal of the said representation.

Learned advocate for the private respondent no. 10, the alleged encroacher submits that her client is occupying the said land for the last thirty years and has all relevant documents to justify his possession over such land.

The representation of the petitioner dated February 17, 2025 forms part of the writ petition being annexure- 'P-4'.

The respondent no. 3 is directed to dispose of the said representation in accordance with law as expeditiously as possible preferably within a period of eight weeks from the date of communication of this order after giving opportunity to all concerned including the petitioner and the private respondent no. 10 opportunity of hearing.

In the event, the alleged encroachment of the public land is found, the respondent no. 3 shall take steps for removal of it.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been dined by the respondents.

W.P.A. 9171 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.)