Prasanta Mondal v. The State Of West Bengal And ORS.

N.22Sl WPA 15708 of 2025 151/CL Prasanta Mondal 22.01.26 v.

The State of West Bengal & Ors.

Sl-757 Ct.551 (S.R.) Mr. Dilip Kumar Sinha ... for the petitioner.

Mr. Answer Mandal, AGP Mr. Manoj Kumar Mandal ... for the State.

Mr. S.P. Dalapati Mr. Asumdipta Santra ... for the respondent nos.7 to 9.

1. This writ petition alleges inaction on the part of the respondent no.3 in taking steps on the petitioner's representation posted to the said respondent on May 31, 2025 (Annexures P-3 and P-4 at pages 37 and 38 of the writ petition).

2. It is submitted that the private respondent nos.7 to 9 have unauthorizedly occupied public land and despite representation being made before the Subdivisional Officer and Sub-divisional Magistrate, Ghatal Sub-division, no step has been taken against the respondent nos.7 to 9.

3. Mr. Dalapati, learned advocate appearing for the respondent nos.7 to 9 refutes the contention of the learned advocate appearing for the petitioner and submits that the respondent nos.7 to 9 are not in unauthorized occupation of any government

land/public land, as alleged.

4. Heard learned advocates appearing for the respective parties and considered the materials on record.

5. Since, a representation has been made before the Sub-divisional Officer and Sub-divisional Magistrate, Ghatal Sub-division alleging unauthorized occupation of government land, it would be proper for this Court to direct the said authority i.e. the respondent no.3 to consider the petitioner's representations, which form Annexures P-3 and 4 to the writ petition (at pages 37 and 38 thereof) and dispose of the same in accordance with law, upon affording an opportunity of hearing to all concerned including the petitioner and the respondent nos.7 to 9.

6. Needless to mention that all the parties shall be at liberty to place their respective cases along with documents in support thereof before the said authority and the said authority shall take an informed decision in accordance with law upon considering all the documents produced before the said authority during the hearing.

7. The said authority shall endeavour to conclude proceedings, in accordance with law, as expeditiously as possible. The reasoned decision taken by the said authority shall be communicated

to the parties within a week from taking thereof.

8. With the aforesaid observations, WPA 15708 of 2025 stands disposed of.

9. There shall, however, be no order as to costs. 10.

Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.)