WPA/7725/2025 of ARIJIT PRAMANIK Vs THE STATE OF WEST BENGAL AND ORS. on 29 September 2026

1. The writ petitioner, the respondent-State and the private respondent nos.8, 10, 12 and 13 are represented by their respective learned counsel.

2. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent no.3 authority commanding him to take appropriate steps for removal of the encroachment of the private respondents over the public land within the meaning of Section 2(7) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 (‘the said Act’ in short) which is contiguous to the writ petitioner’s land, particulars of which has been mentioned in paragraph 2 of the instant writ petition.

3. It is contended on behalf of the writ petitioner that on account of illegal encroachment by the private respondents over the said public land, the writ petitioner is facing difficulty to get easy access to the petitioner’s own raiyati land, particulars of which has been mentioned in paragraph 2 of the instant writ petition.

4. It is submitted further that despite submission of the representation made on 03.03.2025, no action has been taken by the respondent no.3 authority.

5. Ms. Dhar Chakraborty, learned advocate appearing for the State in her usual fairness submits before this Court that the respondent no.3 authority may be directed to consider the representation of the writ petitioner dated 03.03.2025 in accordance with law.

6. Learned advocate for the private respondent nos.8, 10, 12 and 13, however, opposes such prayer. It is argued that from paragraph 5A of the instant writ petition, it would reveal on the earlier occasion, the present writ petitioner has filed two more writ petitions.

7. Such contention is vehemently opposed by the learned advocate appearing for the writ petitioner by saying that the said writ petitions are already disposed of and in both the writ petitions the cause of action are separate and the prayers are also different.

8. On careful perusal of the instant writ petition and upon hearing the learned advocates for the contending parties, this Court while disposing the writ petition directs the respondent no.3 authority to initiate a proceeding under Section 3 of the said Act forthwith and in the said proceeding the respondent no.3 is further directed to serve show cause notices upon the private respondents as well as upon all other stake holders who are found to have encroached the said public land. In the event, the private respondents and/or any other stake holders submitted their reply within the specified period and/or in the event they have not filed any reply to such show cause also within specified period, the respondent no.3 is directed to consider the representation dated 03.03.2025 as submitted by the writ petitioner in terms of Section 4 of the said Act and after giving the opportunity of hearing to the writ petitioner, the private respondents and any other stake holders and/or their authorized representatives and thereafter shall pass a reasoned order forthwith and shall communicate the same to the writ petitioner and the private respondents and /or any other stake holders, if there be any.

9. The entire exercise as indicated in the foregoing paragraphs is to be completed by the respondent no.3 authority positively within 45 working days from the date of communication of the server copy of this order.

10. Liberty is given to the learned advocate-on- record for the writ petitioner to communicate the server copy of this order to the respondent no.3 authority who is directed to act on the server copy of this order.

11. It is further directed that in the event while passing the reasoned order, the respondent no.3 authority finds sufficient merit in the representation of the writ petitioner and/or in the event, the respondent no.3 finds encroachment either at the instance of the private respondents and/or any other stake holders, he is directed to take immediate steps for removal of such encroachment.

12. With the aforementioned observation, WPA 7725 of 2025 is disposed of.

13. Before parting with, it is, however, made clear that while disposing the instant writ petition, this

Court has not gone into the merits of the representation dated 03.03.2025 as submitted by the writ petitioner and, thus, all points are kept open for adjudication by the respondent no.3 authority.

14. There will be no order as to costs.

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

(Partha Sarathi Sen, J.)