Tabarak Malitya v. The State Of West Bengal And ORS.

10.11.2025 Ct. No. 30 SL No.12 MKP WPA 18763 of 2025 Tabarak Malitya Vs.

The State of West Bengal & Ors.

Mr. Debabrata Saha Roy, Ld. Sr.Adv.

Mr. Pingal Bhattacharya Mr. Subhankar Das Mr. Neil Basu .............. for the Petitioner Ms. Sonal Sinha, Ld. AGP.

...........for the State

1. The writ application has been preferred praying for direction upon the respondents to grant FPS License in favour of the petitioner against the said vacancy notification being no.836/SCFS/BER/2023 dated 01.09.2023 at Village: Chandpur, Elemnagar Elemnagar, Near Elemnagar Primary School Elemnagar, Mouza:

Chandpur, P.O.: Chandpur, P.S.: Nowda, Block: Nowda under Berhampore (Sadar) Sub-Division in the District of Murshidabad, issued by the Sub-Divisional Controller (F &S), Berhampore (Sadar).

2. It is submitted by the Learned Counsel for the petitioner that in spite of being called for a

personal interview on 17.03.2025 and an inquiry being already conducted on 12.12.2023 and necessary action taken by the Block Land and Land Reforms Officer, Nowda, Murshidabad, vide order dated 03.07.2024, no final inquiry report regarding the encroachment as alleged has been submitted before the respondent no.11.

3. It appears from the report submitted by the Learned Counsel for the State today (which be kept with record) that the respondent no.11 is unable to come to a final conclusion regarding the claim of the petitioner as the said report is still pending from the end of the respondent no.7.

4. Considering the said facts, the writ application is disposed of with the direction that the respondent no.7 shall make all endeavour to submit his report on the basis of records available with his department and the concerned B.L.& L.R.O. and file a report within 15 days from the date of this order.

5. Learned Counsel for the State is at liberty to communicate a server copy of this order to the respondent no.7.

6. And on the said report being submitted, the respondent no.11 shall conclude the matter under process within 15 days thereafter.

7. The writ application stands disposed of.

8. Applications, if any, connected thereto stand disposed of consequently.

9. Interim order, if any, stands vacated.

10.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]