Geokhali Co-Operative Agricultural Credit Society Ltd. And ANR. v. State Of West Bengal And ORS.

24.10.2025 SL-11 Ct.19 (S.R.) WPA 15011 of 2025 Geokhali Co-operative Agricultural Credit Society Ltd. & Anr.

-vsThe State of West Bengal & Ors.

Mr. Salil Kumar Maiti ... for the petitioners.

1. The affidavit-of-service as filed today on behalf of the writ petitioners is taken on record.

2. Mr. Maiti, learned advocate appears on behalf of the writ petitioners. However, none appears on behalf of the respondent/State as well as the private respondents despite service.

3. At the time of hearing, Mr. Maiti at the very outset draws attention of this Court to paragraph no.2 at page nos.26 and 38 of the instant writ petition. It is submitted by Mr. Maiti that from the aforementioned materials as placed before this Court, it would reveal that the writ petitioners are the lawful purchasers of 25.001 decimals of bastu land in Plot No.879 under Mouza - Natshal, Police Station - Mahishadal.

4. It is further submitted by Mr. Maiti that it is the specific case of the writ petitioners that the private respondents having no right, title and interest either over the writ petitioners' property or over the plot of land, which belongs to the PWD authorities and which is situated just in front of the writ petitioners, have most illegally raised a structure in front of the writ

petitioners' property over the plot of land belonging to the PWD authorities, as a result of which, the writ petitioners' egress and ingress of the aforementioned property has been seriously hampered.

5. It is further submitted by Mr. Maiti that under cover of a representation dated 29.03.2025 the aforementioned factum was brought to the notice of the respondent authorities but in vain.

6. On careful consideration of the entire materials as placed before this Court and after hearing Mr. Maiti, learned advocate appearing on behalf of the writ petitioners, this Court while disposing the instant writ petition directs the respondent no.7/authority to make a field verification report and shall forthwith submit the same to the respondent no.4/authority positively within 30 working days from the date of communication of the server copy of this order.

7. The respondent no.4/authority on receipt of such field verification report and/or demarcation report from the respondent no.7/authority shall cause service of notices upon the writ petitioners and the private respondents and shall provide them copies of the demarcation report, as would be prepared by the respondent no.6/authority.

8. The respondent no.4/authority is further directed to consider the representation dated 29.03.2025 in

accordance with law after giving due opportunity of hearing both to the writ petitioners and the private respondents and/or their authorized representatives and shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners and the private respondents preferably by mail, if the email details of the writ petitioners is provided to him at the time of hearing.

9. The entire exercise, as indicated in the forgoing paragraphs, is to be completed by the respondent no.4/ authority positively within 45 working days from the date of receipt of the demarcation report and/or field verification report from the respondent no.7/ authority.

10. The time limits, as fixed by this Court, are mandatory and peremptory.

11. Liberty is given to the learned advocate-on-record for the writ petitioners to communicate the server copy of this order to the respondent nos.4 and 7/authorities forthwith. The respondent nos.4 and 7/authorities are directed to act on the server copy of this order.

12. Before parting with, it is further made clear that, in the event, while passing the reasoned order, the respondent no.4/authority finds sufficient merits in the representation dated 29.03.2025, as submitted by the writ petitioners, he will forthwith take appropriate

steps under Section 10(1) of the West Bengal Highways Act, 1964.

13. With the aforementioned observations, the instant writ petition being WPA 15011 of 2025 is disposed of.

14. There shall, however, no order as to costs.

15. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.)