Gouranga Kamilya And ORS. v. State Of West Bengal And ORS.

03-06IN THE HIGH COURT AT CALCUTTA Item No.2 Subrata Bhattacharyy a Constitutional Writ Jurisdiction Appellate Side WPA No.12173 of 2025 Gouranga Kamilya & Ors.

-vsThe State of West Bengal & Ors.

AR(C) Mr. K. C. Das Mr. Sk. Sahjahan Ali ...for the petitioners Mr. Swapan Banerjee Ms. Sumita Shaw Mr. Diptendu Narayan Banerjee Mr. Soumen Chatterjee ...for the State Mr. Rajib Kumar Acharya Mr. Subimal Ghorai Mr. Banshi Badan Maiti ...for respondents 7 & 8 The writ petition has been preferred challenging the legality of the order dated May 22, 2025, passed by the District Magistrate & Collector in a proceedings initiated under the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 (in short, the 1962 Act).

According to the provisions of the 1962 Act, the Collector functions as the fact-finding authority, and a statutory appeal lies before the Commissioner of the Division against any order passed by the Collector. Therefore, in view of the availability of a statutory remedy, it would not be appropriate to entertain the present writ petition. Accordingly, the writ petition stands dismissed, without any order as to costs.

However, this order shall not preclude the petitioners

from preferring an appeal before the appellate authority. All parties are to act on the server copy of this order, duly downloaded from the official website of this Court. Certified copy of this order, if applied for, shall be made available to the parties.

[Partha Sarathi Chatterjee, J]