Murshed Ali Khan v. The State Of West Bengal And Os

Court No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 2061 of 2025 Murshed Ali Khan Vs.

The State of West Bengal & Ors.

(1545) 31.10.2025 (JPD 10) (S. Banerjee) Ms. Suman Sehanabis (Mandal) Mr. Tathagata Biswas Mr. Salok Sah Ms. Ayuska Debnath ... for the petitioner Mr. Joyjit Choudhury, Ld. AAG Mr. Nabankur Paul Ms. PRatyusha Dutta Chowdhury ... for the State Mr. Arnab Saha ... for the respondent nos. 9 to 20 Affidavit of service filed in court today be kept with the record.

The petitioner has prayed for a direction upon the respondent authorities to consider the representation of the petitioner for removal of illegal encroachment from the public land.

The learned advocate appearing for the private respondents submits that the petitioner has approached the concerned Executive Magistrate under the provisions of Section 144 of the Code of Criminal Procedure for the self-same cause of action

and such fact has been suppressed in this writ petition.

Learned Additional Advocate General submits that in view of the provisions laid down under Section 3 of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act 1962, the Collector is the appropriate authority to take steps for issuance of the show-cause notice and to proceed thereafter in accordance with law.

In view thereof, the District Magistrate, Jalpaiguri, being the 2nd respondent is directed to consider the representation of the petitioner dated July 30, 2025 and to take appropriate steps in accordance with law after affording an opportunity of hearing to the petitioner. The entire exercise shall be completed as early as possible, but positively within a period of eight weeks from the date of communication of a server copy of this order. It will be open to the said respondent to issue notice upon the persons who may be affected by the action of the said authority.

(Hiranmay Bhattacharyya, J.)