WPA/13293/2026 of NIRMAL GHOSH Vs STATE OF WEST BENGAL AND ORS. on 30 September 2026

1. The parties to the instant writ petition are represented by their respective learned counsel.

2. Though the instant writ petition is listed today under the heading ‘Extension of Interim Order’, however, on consent of all the parties the instant writ petition is taken up for disposal finally.

3. The subject matter of the instant writ petition is the order dated 05.06.2026 as passed by the Sub- Divisional Officer, Baruipur Sub-Divisional Office, District – South 24 Parganas, that is the respondent No. 3 herein, in a proceeding under Section 4 of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 (the said Act in short), wherein the respondent No. 3/authority passed an order of eviction of the present writ petitioner from Plot No. 661, Mouza- Baniara, under P.S. Bijoyganj Bazar, District- South 24 Parganas.

4. On careful perusal of the order dated 17.06.2026, as passed in the instant writ petition by a Co-ordinate Bench of this Court, it appears that the said Court recorded the submission of the learned advocate for the writ petitioner that the impugned order is an appealable order. However, considering the fact that the report and the other materials which were relied upon by the respondent No. 3/authority while passing the impugned order were allegedly not supplied to the present writ petitioner, the said Co- ordinate Bench granted a limited protection by way of passing of a stay order.

5. On being asked by this Court, Mr. Ahammed, learned advocate appearing on behalf of the writ petitioner submits before this Court that as on this day, the writ petitioner has not received any copy of the documents based on which the impugned order has been passed by the respondent No. 3/authority. However, it is admitted by Mr. Ahammed that the impugned order is appealable under Section 7 of the said Act.

6. Learned advocate for the private respondent and learned advocate for the respondent/State submits before this Court that the instant writ petition is not maintainable since alternative efficacious remedy is available to the writ petitioner.

7. On careful consideration of the entire materials as placed before this Court and after hearing learned advocates for the contending parties, it appears to this Court that the order impugned is appealable under Section 7 of the said Act. It further appears to this Court that the present writ petitioner has every opportunity to ventilate his grievance before the appellate authority with regard to non-supply of relevant documents as allegedly relied upon by the respondent No. 3/authority while passing the impugned order and in the event such point is raised, this Court is very much sure that the appellate authority will take care of the same.

8. In view of such, this Court holds that the instant writ petition is not maintainable and on such score the same is thus dismissed.

9. However, keeping in mind that the present writ petitioner is pursuing his remedy in a wrong forum, this Court permits the present writ petitioner to assail the impugned order dated 05.06.2026 as passed by the respondent No. 3/authority before the appellate authority under Section 7 of the said Act and in the event such appeal is filed within thirty working days from today, the said appellate authority shall treat the said appeal within the period of limitation.

10. It is further directed that in the event along with the memo of appeal any stay application is filed by the present writ petitioner in the said appeal before the appellate authority, the said appellate authority shall pass appropriate order in such appeal on the point of admission within seven working days from the date of filing of such appeal.

11. It is further directed that in the event any stay application is filed by the present writ petitioner before the said appellate authority, the said appellate authority shall give adequate opportunity to file written objections/affidavit-in-opposition to the respondents of the said appeal and shall dispose of the said application for stay also within fifteen working days from the date of filing of the said appeal together with the stay application, in the event the said appeal is admitted.

12. It is further directed that the said appellate authority shall not grant any adjournment to either of the parties on the day of hearing of the admission of appeal and/or on the day of hearing of the stay application as would be filed by the petitioner.

13. It is further directed that the respondent/authority, more specifically the respondent No. 3/authority shall not execute the impugned order dated

05.06.2026, which is impugned before this Court till passing of the order on the point of admission and in the event, the said appeal is admitted, till the passing of order of disposal of stay application, if filed.

14. It is further directed that in the event any appeal is preferred by the present writ petitioner within the stipulated period as stated hereinabove, the appellate authority shall dispose of the said appeal positively within sixty working days from the date of filing of the said appeal.

15. Liberty is given to the learned advocate-on-record for the petitioner as well as learned advocate for the private respondent to communicate the server copy of this order to the appellate authority, who is directed to act on the server copy of this order.

16. The time limits as fixed by this Court are peremptory and mandatory

17. With the aforementioned observations, the instant writ petition is dismissed.

18. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen , J.)