Mihir Pramanick And ANR. v. The State Of West Bengal And ORS.

12th August, 2025 In the High Court at Calcutta Item no. DL 49 Court No. 08 Asraf, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA(P) 274 of 2025 In the matter of :

MIHIR PRAMANICK & ANR.

.... Petitioners VS.

THE STATE OF WEST BENGAL & ORS.

....Respondents For the Petitioners :

Mr. Rajendra Banerjee Mr. Souvik Ganguly ....Advocates For the Respondents / State :

Mr. Kishore Datta, Advocate General Mr. Swapan Banerjee Ms. Sumita Shaw Mr. Soumen Chatterjee ....Advocates For the Respondent nos.1 to 4 :

Mr. Rabishankar Chattopadhyay Mr. Ayanava Acharya Mr. Suprava Jana ....Advocates For the Respondent nos.5 & 6 :

Mr. R. Banerjee Mr. Aritra Roychowdhury ....Advocates For the Respondent no.7 :

Mr. Tanmay Chowdhury Ms. Sulagna Sarkar ....Advocates 1.

Affidavit of service filed in Court is taken on record.

2.

With the consent finally heard.

3.

Learned counsel for the State produces a report of Block Land & Land Reforms Officer, Shyampur-II, Howrah dated 04.08.2025 which shows that a

notice under Section 4C(5) of the WBLR Act, 1955 has already been issued to all recorded Raiyats of LR Plot No.1585 of Mouza Chapabar with a direction to restore plot being classified as "Pukur".

4.

During the course of hearing, learned counsels for the parties have jointly agreed that the said authority may be directed to expedite the proceeding but during the proceedings all the effected including present petitioner and private respondents may be given an opportunity to submit their response and defence and after hearing all of them, the said authority may take decision in accordance with law.

5.

Since respondent nos.5, 6 and 7 have expressed inability to remain present personally, the said respondents may authorize somebody to represent them in the proceedings.

6.

In view of consensus arrived at, this PIL is disposed of by directing the competent authority to take its notice dated 01.08.2025 mentioned hereinabove to a logical end by permitting all the effected parties including the petitioner and respondents herein to submit their response and after hearing them take a decision in accordance with law.

7.

It will be lawful for the competent authority to conclude proceedings expeditiously but positively within 90 days from the date of production of copy of this order.

8.

In the interest of justice, it will be open for the competent authority to take interim measures to ensure that during the pendency of proceeding, the water body is protected.

( Sujoy Paul, J. ) ( Smita Das De, J.)