Sk. Abdul Gafur And ORS. v. The State Of West Bengal And ORS.

M/L 2 04.08.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 10217 of 2025 Sk. Abdul Gafur & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Rejaul Alam Mr. Subir Sabud ... for the Petitioners.

Md. Mokaram Hossain Mr. Deb Dutta Basu ... for the State.

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

A representation dated April 21, 2025 of the petitioners is pending consideration before the Sub Divisional Officer, Tamluk Sub-Division, Purba Medinipore, the respondent no.3 herein. In the said representation, the petitioners have alleged that the private respondents being respondent nos.8 and 9 have encroached upon public land and had put up construction thereon. The petitioners by the said representation have prayed for removal of such encroachment and demolition of the alleged unauthorized construction.

The respondent no.3 being an authority under the provision of the West Bengal Land (Eviction of Unauthorized Occupants) Act, 1962 is obliged to remove the encroachments, if there be any, on public land. The said respondent is therefore directed to dispose of the representation of the petitioners which forms part of the writ petition being Annexure-P/2 in accordance with law, after giving the petitioners, the private respondents and all concerned an opportunity of hearing.

WPA 10217 of 2025 is disposed of without any order as to costs.

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

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 of all requisite formalities.

(Biswajit Basu, J.)