Akhtar Ali And ORS v. The State Of West Bengal And ORS

Item No.19 13.02.2026 Court. No. 6 (gc) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION WPA 107 of 2026 Akhtar Ali & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Deborshi Dhar, Mr. Rahul Agarwal ...for the Petitioners.

Mr. Hirak Barman, Mr. Nabankur Paul ...for the State.

1. The petitioners contend that very recently they came to know that acquisition notice under Section 4 of the Land Acquisition Act, 1894 had been issued in the name of their predecessor. The petitioners apprehend that they may be dispossessed at any time on the basis of such notice. It is submitted by the petitioners that they are in possession of land in question. They claim compensation in the event of acquisition and also fear that they may be illegally dispossessed. The petitioners have relied on a notice of 1964.

2. Under such circumstances, this Court is of the view that the real state of affairs and the facts should come into light before any kind of protection or relief can be granted to the petitioners. The alleged notice is more than 60 years old. The petitioners also claim to be in possession.

3. Accordingly, the writ petition is disposed of with a direction upon the Special Land Acquisition Collector, Jalpaiguri to treat the writ petition as a representation of the petitioners and pass a reasoned order in accordance with law upon hearing all the parties.

4. The entire exercise shall be completed within 10 weeks from date.

5. There shall be no order as to costs.

6. The parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)