Sayer Banu Molla v. State Of West Bengal And ORS.
S/L- 3 25/06/2026 Ct. No.-19 Aritra WPA 14505 of 2026 Sayer Banu Molla Vs.
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya Mr. Md. Mosiar Rahaman ....for the petitioners Mr. Nilanjan Bhattacharjee, S.S.C., Ms. Jayita Dhar Chakraborty Mr. Rhitam Chatterjee ....for the State This matter was mentioned at the first sitting of the Court by Mr. Kamalesh Bhattacharya, learned advocate citing grave urgency.
Considering the urgency pleaded this matter was directed to appear in the Supplementary List today. Accordingly, the Supplementary List has been published and the matter is taken up for hearing. The petitioner claims to be running a Café under the name and style "Arannyer Kule" situated on a plot of land being Dag No.4681 within Mouza-Moukhali Kumarkhali, J.L. No.60 under Canning Block-II in the District of South 24-Parganas.
The petitioner apprehends that in the garb of an eviction order passed in respect of L.R. Plot No.514/1088 of Mouza-Tambuldaha, J.L. No.59 the State authorities shall evict the petitioner from Dag No.4681 within MouzaMoukhali Kumarkhali, J.L. No.60. He submits that without initiating any proceeding in accordance with law the petitioner shall be evicted. He submits that no notice
of any proceeding of eviction has been served upon the petitioner.
Mr. Bhattacharjee, learned Senior Standing Counsel submits that a proceeding was initiated against one Imran Molla i.e. the son of the writ petitioner in respect of L.R. Plot No. L.R. Plot No.514/1088 of Mouza-Tambuldaha, J.L. No.59 and the said Imran Molla duly participated in the hearing and, thereafter, a reasoned order has been passed. Mr. Bhattacharjee further submits that the order of eviction has been passed in respect of L.R. Plot No.514/1088 of Mouza-Tambuldaha.
After going through the order dated June 18, 2026 passed by the Sub-Divisional Officer, Canning, South 24parganas, this Court finds that the Imran Molla failed to show any documentary proof to validate his possession of the public land. The B.L. & L.R.O. survey team has already verified the exact plot matching and Imran Molla has applied for a long term settlement over the same plot in the same mouza to operate the restaurant, namely, "Arannyer Kule Cafe". It has been further recorded that the land is a recorded river (Nadi) and is protected under CRZ regulations.
Since the petitioner is not claiming any right, title, interest and possession in respect of L.R.
Plot No.514/1088 of Mouza-Tambuldaha, the writ petition stands disposed of by observing that the authorities shall take all consequential steps only in respect of L.R. Plot No.514/1088 of Mouza-Tambuldaha.
With the above observation, WPA 14505 of 2026 stands disposed of.
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.)