Sabina Bibi v. State Of West Bengal And ORS.

22.09.2025 (D/L 17) Ct.-17 (Susanta/ Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 21437 of 2025 Sabina Bibi -VsThe State of West Bengal & Ors.

Mr. Mrinal Kanti Ghosh, ... for the Petitioner.

Mr. Dwarika Nath Mukherjee, Mr. Manik Lal De, .... for the State.

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

The petitioner is claiming to be the owner of LR Plot No. 902, under Khatian No. 9435 of Mouza Joykrishnapur, Police Station Jalangi, District- Murshidabad.

The petitioner is alleging that the private respondent nos. 9, 10 & 11 has encroached upon the public land comprised in L.R. Dag No. 1061 under Khatian No. 1841/1 of the said Mouza.

None appears on behalf of the private respondents to deny the said allegation of the petitioner.

The petitioner has a pending representation before the Sub-divisional Officer, Domkol Subdivision, District Murshidabad, the respondent no. 4 herein. The said representation dated August 14, 2025 forms part of the writ petition being Annexure 'P-4'.

The petitioner is praying that the respondent no. 4 may be directed to dispose of the said representation.

The respondent no. 4 is an authority under the West Bengal Public Land (Eviction of unauthorized Occupants) Act, 1962, as such is obliged to look into the allegation of encroachment in the public land.

The said respondent, therefore, is directed to dispose of the said representation of the petitioner in accordance with law after affording opportunity of hearing to the petitioner, Private respondents and all other concerned as expeditiously as possible preferably within a period of six weeks from the date of communication of this order.

W.P.A. 21437 of 2025 is disposed of with the above terms without any order as to costs. Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents. 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.)