WPA/16477/2026 of SWAPAN MANNA AND ORS Vs STATE OF WEST BENGAL AND ORS. on 30 September 2026

1. Parties are represented by their respective learned advocates.

2. The subject matter of the instant writ petition is the show-cause notice dated 24.06.2026 as issued by the jurisdictional BL&LRO that is the respondent no. 6 authority addressed to the writ petitioners.

3. It is submitted on behalf of the writ petitioners that on careful perusal of the said impugned show- cause notice it would reveal that respondent no. 6 authority directed the present writ petitioners to give reply to the show-cause notice within a specified time and at the same time without considering the proposed reply as would be given by the writ petitioners, the respondent no. 6 authority directed for removal of the alleged unauthorized construction of the writ petitioners.

4. It is submitted that the impugned show-cause notice is a glaring example for violation of principle of natural justice. It is thus submitted on behalf of the writ petitioner that appropriate relief/reliefs may be granted to the writ petitioners in terms of the prayer made in the instant writ petition.

5. Such prayer is vehemently opposed by the learned advocate for the respondent State by saying that from the pleadings of the instant writ petition it would reveal that the writ petitioners have practically admitted that they have encroached the Government land and, therefore, the writ petitioners are not entitled to relief as prayed for.

6. Learned advocate appearing on behalf of the Panchayat authority upon instruction submits before this Court that due to erosion of the soil there is however, every possibility that the accommodation of the writ petitioners may collapse.

7. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties this Court considers that the last paragraph of the impugned notice whereby respondent no. 6 authority directed the writ petitioners to remove the alleged unauthorized construction of the writ petitioners over the Government land is excessive especially when the respondent no. 6 authority sought for reply of the writ petitioners against the show-cause notice.

8. In view of such, the said paragraph of the impugned show-cause notice is hereby expunged.

9. This Court further directs the present writ petitioners to submit their reply to the show-cause notice dated 24.06.2026 positively within 15 working days from today and the respondent no. 6 authority shall consider the said reply as a representation of the writ petitioners and after giving an opportunity of hearing to the writ petitioners and/or their authorized representatives shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners by Speed Post.

10. The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no. 6 authority within 30 working days from the date of submission of reply by the writ petitioners.

11. The time limit as fixed by this Court is peremptory and mandatory.

12. It is further directed that till passing of the reasoned order no coercive action be taken against the present writ petitioners in respect of their alleged possession over the LR Plot No. 5230 in Mouza- Saoraberia Jalpai, under P.S. Nandakumar, District- Purba Medinipur.

13. It is however, directed that in the event while passing the reasoned order the respondent authorities finds no merit in the reply/representation of the writ petitioner they will be at liberty to take appropriate action for removal of the alleged encroachment from the aforementioned plot of land soon thereafter.

14. With the aforementioned observations the instant writ petitions is disposed of.

15. Before parting with it is, however, made clear that while disposing of the instant writ petition this Court has made no observation with regard to the title of the aforementioned plot in question.

(Partha Sarathi Sen, J.)