Shrikrishna Dolai v. The State Of West Bengal And ORS.

January 22, 2025 AD 24 Ct. 17 SG WPA 19354 of 2024 Shrikrishna Dolai vs.

The State of West Bengal and others Mr. Salil Kumar Maiti Ms. Pinki Saha ... for the petitioner Mr. Ayan Chandra Roy Mr. Debangsu Dinda ... for the State Mr. Kanailal Samanta ... for the respondent Nos.9 & 10 Affidavit of service filed by the petitioner is taken on record.

Learned counsel for the petitioner submits as follows. The private respondents had come up with illegal construction over government land in front of the plots of land belonging to the petitioner. Such unauthorised construction is blocking the petitioner's ingress and egress to his property. The petitioner made a representation in this regard on 20.05.2024 before the concerned authorities including the Sub-Divisional Officer, Haldia for taking action in terms of the provisions of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962, but the same has not been responded to.

Learned counsel for the respondent Nos.9 and 10 denies the allegations and submits as follows. The

private respondents are in occupation of such land for more than 20 years. In fact, the petitioner had also encroached upon government land and the land on which he had made construction, is actually marked as "jal". The State is represented.

It appears that the petitioner's representation dated 20.05.2024 is pending consideration before the concerned authorities.

In view of the above, let the respondent No.3 consider the petitioner's representation dated 20.05.2024 in accordance with law and upon hearing the interested parties as expeditiously as possible, preferably within eight weeks from the date of communication of this order. It is made clear that merits have not been gone into. With these observations, the writ petition is disposed of.

As affidavits were not called for, the allegations made are deemed not to have been admitted.

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

(Jay Sengupta, J.)