Majedur Rahaman And ORS v. State Of West Bengal And ORS.

21.04.2026 Sl. No.3(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21506 of 2022 with CAN 2 of 2024 with CAN 3 of 2024 Maajedur Rahaman & Ors.

Versus

The State of West Bengal & Ors.

Mr. Swagata Datta ...for the Petitioners/ Respondents in CAN.

Mr. Nadeem Sulaiman, Mr. Mijanul Kabir ...for the Madrasah Board/ Respondent No.3.

Sk. Md. Galib, Ms. Subhra Nag ...for the State-respondents.

Ms. Sharmila Das ...for the Applicant/ Respondent No.10.

1. Report filed by the State-respondents furnished by the SRO-II & Block Land & Land Reforms Officer, Itahar, Uttar Dinajpur dated 2nd April, 2026 is taken on record.

2. Sk. Md. Galib, learned Senior Government Advocate appearing for the State submits that the as land upon which the construction of the Madrasah is proposed to be undertaken is a vested land, hence work of construction cannot be under taken on such land. Therefore, the Project Implementing Authority cannot claim the funds towards work of construction. On the previous occasion, respondent No.10, the Project

Implementing Authority filed application being CAN 1 of 2024 seeking for release of the fund. However, the same was disposed of with a liberty to the parties to seek for release of the fund at the time of hearing of the writ petition. In the meantime, the writ petition was withdrawn by the petitioners and the respondent No.10 once again has filed the present application seeking for release of the fund.

The District Magistrate, Uttar Dinajpur in its report has categorically stated that such fund should be reverted back to the State authorities. He submits that pleadings in the writ petition are complete. He seeks for fixing a date for the hearing of the writ petition on merit.

3. List this matter on 10th June, 2026 under the heading "Hearing".

(Bivas Pattanayak, J.)