Jahanara Begum And ANR. v. State Of West Bengal And ORS.

19.08.2025 (D/L 16) Ct.-17 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 18206 of 2025 Jahanara Begum & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Saibal Acharyya, Mr. Pradip Paul, Ms. Renesa Dey, ...For the Petitioners.

Mr. Mrinal Kanti Ghosh, Mr. Subhabrata Das, .... For the State.

Mr. Somnath Chattopadhyay, .... For the Private Respondent nos. 9 & 10.

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

The petitioners are alleging that the private respondent nos. 9 & 10 have encroached upon the public land which belongs to the Irrigation Department.

The petitioners are praying removal of such encroachment from the said public land.

The learned advocate for the private respondent nos. 9 & 10 produces the photocopy of the L.R. Record of Rights of the subject plot wherefrom it appears that the nature of the subject plot no. 836 comprised in L.R. Khatian No. 118 is Jal and the father of the private respondents is the recorded owner of the said plot.

The learned advocate for the petitioners submits that the father of the private respondents has managed to record the public land in his name. If that be so, the procedure for correction of Records of Rights is required to be resorted to. In the backdrop of such factual matrix, the order for removal of the private respondents from the subject land as prayed for, is not warranted.

W.P.A 18206 of 2025 is disposed of with the above terms 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 with all requisite formalities.

(Biswajit Basu, J.)