Krishna Sen And ORS. v. State Of West Bengal And ORS.

M/L- 40 09/06/2026 Ct. No.-19 Aritra WPA 10762 of 2026 Smt. Krishna Sen & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Dipankar Aditya Mr. Prasanta Kr. Das Ms. Aishwarya Priya Raha ....for the petitioners Mr. Nilanjan Bhattacharyya, S.S.C., Ms. Jayita Dhar Chakraborty Mr. Rhitam Chatterjee ....for the State Affidavit of service filed in Court today is taken on record.

The learned advocate appearing for the petitioners submits that the private respondents have been duly served.

In spite of service none appears for the private respondents.

Mr.

Bhattacharyya, learned Senior Standing Counsel, who usually represents the State is present in Court and is requested to appear in this matter. Let the appointment of Mr. Bhattacharyya along with a junior of his choice be regularised by the concerned authority.

A copy of the writ petition has been served upon Mr. Bhattacharyya in course of hearing of this writ petition. The petitioners claim to be the owner of a water body being L.R. Plot No.1400 and 1401 within Mouza-Arun Nagar under Police Station-Kulpi in the District of South 24-Parganas. The petitioners allege that the private

respondents herein have illegally filled up the water body. The petitioner submitted a representation before the Assistant Directorate of Fisheries, South 24-Parganas dated April 13, 2026 praying for restoration of the water body to its original condition.

The learned advocate appearing for the petitioners submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities till date to restore the water body to its original condition. Since an allegation of illegal filling up of a water body has been made by the petitioners, it is the duty of the respondent authorities to consider the same and take necessary steps in case it is found that the water body has been illegally filled up.

Without entering into the merits of the claim made by the petitioners in the representation dated April 13, 2026, WPA 10762 of 2026 stands disposed of by directing the Assistant Directorate of Fisheries, South 24-Parganas, being the respondent no.3 to consider the representation of the petitioner dated April 13, 2026 and after causing necessary enquiries and inspection through competent Officials, dispose of the representation by passing a reasoned order after affording an opportunity of hearing to the petitioner, the private respondents and any other persons, who may be found responsible in the work of alleged filling up of the water body. The reasoned order shall be communicated to the petitioners and others immediately thereafter. The entire exercise shall be

completed within a period of 8 weeks from the date of receipt of server copy of this order along with a copy of the representation dated April 13, 2026.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)