WPA/14709/2026 of SHYAMALI DUTTA Vs STATE OF WEST BENGAL AND ORS. on 22 September 2026

1. Affidavit of service as filed today on behalf of the writ petitioner is taken on record.

2. The writ petitioner and the respondent State are represented by their respective learned counsel.

3. None appears on behalf of the private respondent despite service.

4. On perusal of the entire materials as placed before this Court, it appears that it is the specific case of the writ petitioner that she is the owner of a portion of Plot No.1872/2043 at Mouza – Gopalpur, District – Paschim Bardhaman, Police Station – Kanksa. It is the further case of the writ petitioner that Plot No.1888 in the self-same mouza is a government land and the same is contiguous to the writ petitioner’s aforementioned land.

5. It is the further case of the writ petitioner that since the private respondent has made an encroachment over the said pathway being a public land within the meaning of Section 2(7) of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (‘the said Act’ in short) causing thereby serious obstruction as to the free egress and ingress to the writ petitioner’s own property, the writ petitioner approached the jurisdictional Sub- divisional Magistrate by submitting several representations.

6. It is submitted from the materials as placed before this Court, it would reveal further that the said jurisdictional Sub-divisional Magistrate collected a report from the jurisdictional BL&LRO, wherefrom it would reveal that the allegation of the writ petitioner has some basis since the said jurisdictional BL&LRO in his report categorically indicted that the private respondent has encroached a portion of Government Plot No.1888 by constructing decorator’s shop and godown causing hardship to the Government. It is further submitted by Mr. Mukherjee that in the meantime, the writ petitioner was served with a memo dated 14.07.2026 by the jurisdictional Sub-divisional Magistrate i.e. the respondent no.2 authority herein wherefrom it would reveal that such notice was issued pursuant to Section 3 of the said Act. It is submitted by Mr. Mukherjee that at this juncture, the writ petitioner prays for appropriate order commanding the respondent no.2 authority to conclude the proceeding as initiated under Sections 3 and 4 of the said Act at the earliest.

7. Mr. Bajpayee, learned advocate appearing on behalf of the respondent State submits before this Court that the respondent no.2 authority may be directed to take appropriate steps, in accordance with law.

8. In view of such, this Court while disposing the instant writ petition directs the respondent no.2 authority to conclude the proceeding under Sections 3 and 4 of the said Act after giving a fair chance of hearing to the writ petitioner, the private respondent no.5 and/or any other stakeholder and to pass a reasoned order soon thereafter and shall communicate the copy of the said reasoned order both to the writ petitioner and the respondent no.5 forthwith preferably by email, if the email details of the writ petitioner and private respondent are provided to him at the time of hearing.

9. It is further ordered that, in the event, while passing the reasoned order, the respondent no.2 authority finds sufficient justification in the allegation of the writ petitioner regarding the unlawful encroachment by the private respondent and/or any other stakeholder, he his directed to remove all unauthorized occupations over Government Plot No.1888, which is classified as “path” at Mouza – Gopalpur, Police Station – Kanksa, District – Paschim Bardhaman with the help of the jurisdictional IC/OC.

10. The entire exercise, as indicted in the foregoing paragraphs, is to be completed by the respondent no.2 authority positively within sixty working days from the date of communication of the server copy of this order.

11. With the aforementioned observations, WPA 14709 of 2026 stands disposed of.

12. There shall, however, be no order as to costs.

13. 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.)