Sk. Amanullah And ANR. v. State Of West Bengal And ORS.
23.06.2025 (D/L 09) Ct.-17 (Susanta)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 12596 of 2025 Sk. Amanullah & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Raj Kumar Sain, ... for the Petitioners.
Mr. Soumitra Bandyopadhyay, Sr. Govt. Adv., Ms. Suchana Banerjee, .... for the State.
Affidavit-of-service filed on behalf of the petitioners be kept with the record.
The said private respondents are not represented in spite service The petitioners are claiming to be the owners of land comprised in L.R. Plot No. 573, under Mouza-Kashipur, Police Station- Tamluk, they are alleging that the land in front of the said plot is a public land wherein the private respondents have encroached upon and have put up unauthorized construction.
The petitioners by a representation have requested the Sub-Divisional Officer Tamluk Sub-Divison, the respondent no. 3 herein to remove the private respondents from the said public land and to demolish the unauthorized structure.
The petitioners are praying direction upon the respondent no. 3 for disposal of the said representation. The respondent no. 3 being an authority under the West Bengal Public Land (Eviction of unauthorized
Occupants) Act, 1962 is obliged to respond to the said prayer of the petitioner. The said representation forms part of the writ petition being annexure 'P-2'. The respondent no. 3 is directed to consider and dispose of the said representatiom in accordance with law within a period of six weeks from the date of communication of this order after giving opportunity of hearing to the petitioners as well as the private respondents.
Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.
WPA 12596 of 2025 is disposed of with the above terms without any order as to costs.
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 with all requisite formalities.
(Biswajit Basu, J.)