Aparna Das And ANR. v. State Of West Bengal And ORS.

S/L 3 25.07.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 15890 of 2025 Aparna Rani Das & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Dilip Kumar Sinha ... for the Petitioners.

Mr. Swapan Dutta, Sr. Adv.

Mr. Arindam Mandal ... for the State.

Mr. Lakshminath Bhattacharya ... for the Respondent Nos.7-9.

Affidavit of service filed on behalf of the petitioners be kept with the record.

The petitioners claiming title over plot no.863/1187 under Mouza - Dakshin Chachiara, P.S. Panskura, District - Purba Medinipore.

The petitioners are alleging that in front of the said plot of land there is Behula Canal and the bank of the said canal is being used by the villagers as the path, but due to unauthorized encroachment, the egress and ingress of the petitioners to their own plot of land has been obstructed. In the writ petition though specific allegation has been made against the private respondent nos.7 to 9 that they are the encroachers but in the representation of the petitioner no.1 addressed to the Sub-Divisional Officer, Tamluk Sub-Division, the respondent no.3 herein, the names of the said respondents do not find place. However, the respondent no.3 being an authority under the West Bengal Land (Eviction of Unauthorized Occupants) Act, 1962 is obliged to look into the allegation of the petitioners.

The said respondent, therefore, is directed to consider the said representation of the petitioner no.1 dated June 10, 2025 which forms part of the writ petition being Annexure-P/4 in accordance with law, and to dispose it of as expeditiously as possible, preferably within a period of eight weeks from the date of communication of this order, after giving the petitioners and all concerned including the alleged encroachers opportunity of hearing.

WPA 15890 of 2025 is thus disposed of without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

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 of all requisite formalities.

(Biswajit Basu, J.)