Champa Bibi v. The State Of West Bengal And ORS.

S/L 15 28.07.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 16306 of 2025 Champa Bibi Vs.

The State of West Bengal & Ors.

Mr. Kingsuk Mondal ... for the Petitioner.

Mr. Bikramjit Mandal ... for the State.

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

In spite of service, none appears on behalf of the private respondent nos.11 and 12.

The petitioner is alleging encroachment and putting up unauthorized construction on PWD land. In compliance with the direction passed in WPA 13920 of 2024 the Assistant Engineer Berhampore Highway Sub-Division, P.W.(Roads) Directorate has passed an order dated May 14, 2025 holding that as per the report of the concerned B.L.L.R.O, the subject land belongs to Malopara Gram Panchayat/ Harihar Para Panchayat Samity , consequently has dropped the said proceeding.

The petitioner thereafter by a representation dated June 05, 2025 has prayed before the Sub Divisional Officer, Sadar, Berhampore, Murshidabad, the respondent no.6 herein for removal of the said encroachment and illegal construction.

The said representation forms part of the writ petition being Annexure P/5.

The respondent no.6 is directed to consider and dispose of the said representation in accordance with the provision of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962, after giving notice and opportunity of hearing to the petitioner and to the

private respondents. The said respondent shall carry out such exercise expeditiously, preferably within a period of eight weeks from the date of communication of this order. WPA 16306 of 2025 is thus disposed of 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 of all requisite formalities.

(Biswajit Basu, J.)