Shirifa Bibi And ORS. v. State Of West Bengal And ORS.

S/L 14 19.09.2025 Court. No. 19 Sourav WPA 16904 of 2025 Shirifa Bibi & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Hamidur Rahaman ... for the petitioners.

Mr. Soumitra Bandyopadhyay, Sr. Govt. Adv.

Mr. Srinath Singha Roy ... for the State.

1.

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

2.

By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate writ/writs against the respondents/authorities, more specifically, against the respondent no. 6/authority to consider the representation dated 07.07.2025, a copy of which has been annexed at Page No. 13 of the instant writ petition. 3.

At the time of hearing, Mr. Rahaman, learned advocate appearing on behalf of the writ petitioners submits before this Court that it is the specific case of the writ petitioners that they are the owners of a portion of L.R. Plot No. 308, 309, J.L. No. 85, Mouza - Dhonirampur, Police Station - Raninagar, Murshidabad and their names have been recorded in L.R. Record of Right. 4.

It is further submitted that just by the side of the aforementioned land of the writ petitioners the P.W.D land is situated which is, however, not demarcated. 5.

It is submitted by Mr. Rahaman that it is the grievance of the writ petitioners that when the writ petitioners

made an attempt to demarcate their own land, the writ petitioners were prevented by the P.W.D. officials and thus finding no other alternative, the writ petitioners approached the respondents/authorities by submitting the aforementioned representation dated 07.07.2025 which has not been considered.

6.

It is thus submitted by Mr. Rahaman that appropriate relief/reliefs may be granted to the writ petitioners in terms of the prayers made in the instant writ petition. 7.

Mr. Batabyal, learned advocate appearing on behalf of the respondent/State in his usual fairness submits before this Court that the respondent no. 6/authority may be directed to consider the representation dated 07.07.2025 in accordance with law.

8.

In view of the chronology of events as discussed in the foregoing paragraphs, this Court while disposing the instant writ petition directs the respondent no. 6/authority to cause notice upon the writ petitioners and/or their authorized representatives as well as the respondent no. 5/authority and after giving due chance of hearing both to the writ petitioners and the respondent no. 5 shall pass a reasoned order on the representation dated 07.07.2025 and shall forthwith communicate the same both to the writ petitioners and the respondent no. 5 preferably by email, if the email details of the writ petitioners and the private respondents are provided to him at the time of hearing. 9.

It is further ordered that in the event while passing the reasoned order, the respondent no. 6/authority finds

sufficient justification in the representation dated 07.07.2025 as submitted by the writ petitioner, he is directed to cause the respondent no. 5 to make necessary demarcation of the P.W.D. land which is claimed to have been situated by the side of the writ petitioners' property.

10. The entire exercise as indicated in the foregoing paragraphs is to be completed within 45 working days from the date communication of the server copy of this order.

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 no. 5 and 6/authorities forthwith.

12.

The respondent no. 5 and 6/authorities are hereby directed to act on the basis of the server copy of this order.

13.

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

14.

With the aforementioned observations, the instant writ petition being WPA 16904 of 2025 is disposed of. 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.)