Biswajit Sarkar And ORS. v. State Of West Bengal And ORS.

18.09.2023 18.09.2023 Ct. No.10 b.das WPA 17323 of 2023 Biswajit Sarkar & Ors.

Vs.

State of W. B. & Ors.

Mr. Sandip Ghosh Mr. Partha Sarkar ...for the petitioners.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State.

Mr. Robiul Islam Sk. Jayed Hossain Mr. Raju Mondal ...for the private respondent.

Affidavit of service filed by the petitioners is taken on record.

The petitioners assail the order passed by the District Magistrate, Purba Medinipur on 11th January, 2023 under the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 directing the SubDivisional Officer, Tamluk to take all necessary measures for removal of encroachment made by the encroachers from the government land in question within a stipulated time frame.

The petitioners submit that they applied before the Block Land and Land Reforms Officer, Panskura -II, Kolaghat, Purba Medinipur for issuance of patta in respect of the said plot in their favour. Though the said application is still pending, the concerned authority has directed their eviction from the plot in question without

taking into account their possession thereof for considerable period.

The petitioners seek to approach the appropriate forum for consideration of their application. Since the said issue pertains to the West Bengal Land Reforms Act, 1955 the writ petition being WPA 17323 of 2023 is dismissed for non-prosecution. Liberty is granted to the petitioners to approach the appropriate forum for redressal of their grievance. However, there shall be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)