Purba Medinipur Zila Street Vendors Union (Citu) And ORS v. State Of West Bengal And ORS.

05.08.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17834 of 2025 Purba Medinipur Zila Street Vendors Union & Ors.

-versus The State of West Bengal & Ors.

Mr. Samim Ahammed, Ms. Gulsanwara Pervin.

...For the Petitioners.

Mr. Ansar Mandal, Ld. AGP, Ms. Somashree Dey.

...For the State.

1.

Affidavit of service filed in Court today is taken on record.

2.

Liberty is granted to the learned advocateon-record of the petitioners to amend the description of the respondent no.4 in the cause title of the writ petition.

3.

The petitioners apprehend that the respondent authorities may take steps to demolish their shop rooms which they have set up over their raiyati land.

4.

It has been submitted that there are similar instances of demolition of shop rooms in the same area without notice and accordingly, the petitioners also apprehend that steps may be taken by the authority to demolish their shop rooms without any notice. 5.

The petitioners have already filed a representation before the authority highlighting their apprehension which is pending consideration.

6.

Learned advocate appearing on behalf of the State respondents submits that the writ petition is premature. No steps have yet been taken to demolish any of the shop rooms of the petitioners.

7.

Submission is that the authority is taking steps to demarcate shop rooms which have been constructed over the government land. The demarcation process is not yet over and the demarcation report is yet to be prepared.

8.

The petitioners have annexed the record of rights to suggest that they are the owners of the land where shop rooms have been constructed.

9.

In the event the respondents intend to take any steps to demolish the shop room of the petitioners which have been constructed over their raiyati land, then the petitioners should be put on proper prior notice so that the petitioners may take remedial steps.

10. The writ petition stands disposed of.

11. Report by the Executive Engineer, Tamluk Highway Division, Public Works (Roads) Directorate signed on 4th August, 2025 is taken on record.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)