Calcutta High Court
WPA/14209/2025 of SUBHASIS UPADHYAY AND ORS. Vs THE STATE OF WEST BENGAL AND ORS. on 21 September 2026
Sl. no. DL/43 Court No. 18 Asraf, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 14209 of 2025 In the matter of : SUBHASIS UPADHYA & ORS. … Petitioners VS. THE STATE OF WEST BENGAL & ORS. … Respondents For the
21.09.2026
Sl. no. DL/43
Court No. 18
Asraf, A.R.(Ct.)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Case No.
WPA 14209 of 2025
In the matter of :
SUBHASIS UPADHYA & ORS.
… Petitioners
VS.
THE STATE OF WEST BENGAL & ORS.
… Respondents
For the Petitioner :
Mr. Anindya Bose
Mr. Santanu Maji
Mr. Subhayu Das
Ms. Debrani Mondal
Ms. Raina Das
… Advocates
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1. Affidavit of service filed in Court today is kept on record. In spite of service, there is no representation on behalf of any of the respondents.
2. A copy of the supplementary affidavit as filed by the petitioners is kept on record.
3. The petitioners are aggrieved that they are not getting the usufruct of Memorandum No.9008- F(P) dated 16th September, 2011. In fact, their representation made sometime in February, 2025 is pending consideration.
4. The petitioners contend that they qualify all parameters of the said memorandum of 2011 as modified in 2014, 2016 and 2024.
5. In view of the aforestated pendency of the representation of the petitioners, the respondent no.7 is directed to consider and dispose of the representation of the petitioners within a period of six weeks from date taking into consideration the decision of the Hon’ble Supreme Court of India passed in the case of State of Punjab & Ors. Vs. Jagjit Singh & Ors. reported in (2017) 1 SCC 148.
6. Upon fulfillment of all criteria, the petitioners’ case shall be considered and if found eligible, the resultant usufruct will be granted by the concerned authorities. The resultant order will be communicated to the petitioners within a week thereafter.
7. I make it clear that I have not gone into the merits of the case and the respondent no.7 will deal with the entirety of the case on its merit.
8. With the aforestated directions, the present writ petition stands disposed of.
9. There shall be no order as to costs.
10. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court.
11. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
( Reetobroto Kumar Mitra, J. )