Abdul Alim Sk And ORS v. State Of West Bengal And ORS.

Court No. 19 WPA 21467 of 2025 (265719) Abdul Alim Sk. & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee, Sr. Advocate Ms. Maitrayee Chatterjee ...for the petitioners 06.02.2026 (AD 23) (S. Banerjee) Mr. Subrata Guha Biswas Mr. Sasthi Charan Dhara ...for the State Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ...for the respondent no. 8 The immediate grievance of the petitioners is that the private-respondents have erected construction by filling up a portion of a water-body being Plot No. 211 JL No. 131 within Mouza - Lohadaha under Police Station Bharatpur Lohadaha. The petitioners state that a portion of a water-body namely 'Kulupukur' being plot no. 2119 within Mouza - Lohadaha under Police Station Bharatpur in the district of Murshidabad has been filled up by the respondent nos. 8 and 9 without following due process of law.

Mr.

Chatterjee, learned Senior Advocate appearing for the petitioners submits that in spite of representations being made by the petitioners to the

concerned authorities, no steps have been taken by such respondents.

Learned advocate appearing for the State disputes that submission of Mr. Chatterjee.

A report being memo no. 897/BL&LRO(Bh-I) dated December 11, 2025 issued by the Block Land and Land Reforms Officer, Bharatpur-I, Murshidabad, filed by the State, is taken on record.

From the said report it appears that the recorded classification of the plot is 'Pukur' and there is a construction of a permanent structure on the said plot which constitutes a prima facie violation of Section 4C of the West Bengal Land Reforms Act, 1955. The said report further states that the case records have been forwarded to the Additional District Magistrate and District Land and Land Reforms Officer, Murshidabad for taking further actions from his end.

Learned advocate appearing for the privaterespondent disputes the submission of the learned advocate appearing for the petitioners that the private respondents have made illegal construction on a portion of a water-body. He submits that a Patta has been issued in favour of the private-respondent in respect of the plot in question in 2007.

Since the authority has arrived at a prima facie finding that there has been violation of the provisions of Section 4C of the WBLR Act, 1955 and the case records have been sent to the Additional District Magistrate and District Land and Land Reforms Officer, Murshidabad, this writ petition stands disposed of by directing the District Land and Land Reforms Officer, Murshidabad being the respondent no. 3 herein, to take the proceeding to its logical conclusion as expeditiously as possible but positively within a period of six weeks from the date of receipt of a server copy of this order.

(Hiranmay Bhattacharyya, J.)