Manashi Jana And ANR. v. State Of West Bengal And ORS.

WPA 29219 of 2025 N.22Sl Smt. Manashi Jana & Anr.

151/CL v.

The State of West Bengal & Ors.

12.02.26 Sl-866 Ct.551 Mr. Salik Kumar Maiti Ms. Dolan Samanta ... for the petitioners.

(S.R.) Mr. Arka Kumar Nag, Jr. Govt. Adv.

Mr. Manish Biswas ... for the State.

Mr. Subrata Santra ... for the respondent nos.8 to 13.

1. This writ petition has been filed alleging inaction on the part of the respondent nos.2 and 5 in taking step against alleged encroachment and unauthorized occupation of government/public land by the respondent nos.8 to 20.

2. Learned advocate appearing for the petitioners invites the attention of this Court to a representation dated October 27, 2025, inter alia, made to the respondent nos.2 and 5 complaining of encroachment and unauthorized occupation of public/government land and submits that despite such representation having been made, no step has been taken to remove the unauthorized encroachment.

3. Learned advocate appearing for the respondent State Authorities hands up to Court a copy of a Notice dated February 10, 2026 written by the Block Land & Land Reforms Officer, Tamluk-II,

Purba Medinipur to the Sub-divisional Officer, Tamluk i.e. the respondent no.5 herein and submits that exercise for demarcation/verification of the property encroachment and unauthorized occupation whereof has been alleged by the petitioner has been scheduled to be undertaken on February 17, 2026.

4. Learned advocate appearing for the respondent nos.8 to 13 submits that the representation made by the petitioners is absolutely baseless.

5. Since it is evident from the letter dated February 10, 2026 that the respondent State Authorities have already taken steps towards initiation of appropriate proceedings, if necessary, under the relevant statute, including the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1961, therefore, there is no use keeping the writ petition pending.

6. The respondent no.5 i.e. the Sub-divisional Officer, Tamluk shall ensure that if any encroachment and or unauthorized occupation over public/government land is found, then appropriate proceedings against the encroachers shall be initiated under the relevant provisions of the applicable statute and such proceedings shall be concluded, in accordance with law, within a period of twelve weeks from the date of communication of

this order.

7. It is clarified that, if any, proceeding for eviction unauthorized occupants and/or removal of encroachment is initiated, all interested parties including the petitioners as well as the respondent nos.8 to 20 shall be afforded an opportunity of hearing and shall be provided an opportunity to present their respective cases before the final decision is taken.

8. WPA 29219 of 2025 stands disposed of with the above observations.

9. There shall, however, be no order as to costs. 10.

Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.)