Saiyad Ajijul Hossain v. State Of West Bengal And ORS.

4th August, (AK) W.P.A 10686 of 2020 Saiyad Ajijul Hossain Vs.

The State of West Bengal and others Mr. Sk. Jayed Hossain ...for the petitioner.

Mr. Bipin Ghosh ...for the State-respondents.

Affidavit-of-service filed in court today be kept on record.

Learned counsel for the petitioner submits that despite the specific direction dated June 14, 2019 passed by a coordinate Bench in W.P. 17876(W) of 2018 for the Zilla Parshad to take expeditious steps for removal of encroachers, if any, in accordance with law, no significant steps have been taken in the meantime in that regard. Upon hearing learned counsel for the parties present today, WPA 10686 of 2020 is, accordingly, disposed of by directing respondent no.1A, that is, the District Magistrate, Purba Medinipur to take steps immediately to ascertain as to whether the land-inquestion has been encroached or any illegal construction has been built thereon and, if the answer is in the positive, to take steps immediately thereafter for removal of the encroachers upon giving opportunity of hearing to all concerned in accordance with law.

It is expected that such ascertainment shall be completed expeditiously, at the most within eight weeks from the date of communication of this order to the District Magistrate.

The petitioner shall communicate this order to the respondent no.1A and all concerned shall act on a server copy of this order with insisting upon prior production of a certified copy for the purpose of implementation. There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)