Mariyam Bibi And ANR. v. State Of West Bengal And ORS.

June 23, 2023 ARDR (7) WPA 9084 of 2023 Mariyam Bibi & anr.

Vs.

The State of West Bengal & Ors.

Adv. Sarwar Jahan, Adv. Sayantan Hazra, ...for the petitioners.

Adv. Chandi Charan De, Adv. Anirban Sarkar, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

An order passed by the District Magistrate, Paschim Medinipur on 3rd March, 2023 directing demolition of unauthorised construction over the Government land made by the petitioners is assailed in the writ petition. Such order was passed in compliance with an order passed by the Hon'ble Division Bench on 24th November, 2022 in a public interest litigation in WPA 447 of 2018.

Learned counsel for the respondents submits that the order has been passed under the West Bengal Public Land (Eviction of Unauhorised Occupants) Act, 1962. Learned counsel for the petitioners seeks to withdraw the writ petition and take necessary steps before the appropriate forum.

In view of the above, the writ petition, being WPA 9084 of 2023 is dismissed for non-prosecution.

However, liberty is granted to the petitioner to approach the appropriate forum for redressal of their grievance.

There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties on usual undertakings.

(Suvra Ghosh, J.)