Narayan Chandra Jana And ORS v. State Of West Bengal And ORS.

AD. 12.

July 6, 2022.

MNS.

WPA No. 11579 of 2022 Narayan Chandra Jana and others Vs.

The State of West Bengal and others Mr. Manoranjan Jana ...for the petitioners.

Ms. Sanghamitra Nandy, Mr. Bidhan Biswas ...for the State.

Affidavit-of-service filed in Court today be kept on record.

Learned counsel for the petitioners contends that, despite the petitioners having given representation on March 15, 2022 (Annexure - P5 at page 29 of the writ petition) to the respondent authorities, no steps have been taken for removal of unauthorized construction/occupation of the private respondent nos. 9 to 11 in respect of a public land adjacent to the property of the petitioners.

Learned counsel appearing for the respondent authorities files a police report (which is kept on record) authored by the Inspector-in-Charge, Egra Police Station, District- Purba Medinipur, which virtually corroborates the contention of the petitioners as regards the petitioners being owners of the adjacent plot of land, on which the allegation of encroachment has been levelled.

In such view of the matter, WPA No. 11579 of 2022 is disposed of by directing the respondent no. 2, being the District Magistrate and Collector, Purba Medinipur, to decide on the representation of the petitioners, annexed as Annexure- P5 at page 29 of the writ petition, and, if necessary, upon holding adequate enquiry in that regard, giving opportunity of hearing to all concerned, to initiate steps for eviction of the private respondents and/or any other unauthorized occupant/encroacher, if any, on the public land-in-question. Such exercise, it is expected, shall be concluded as expeditiously as possible, preferably within three weeks from date, in accordance with law.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)