WPA/7875/2024 of RAMKRISHNA GHOSH Vs STATE OF WEST BENGAL AND ORS. on 17 September 2026

1. Affidavits of service as filed by the petitioner, is taken on record.

2. Despite service, respondents are unrepresented.

3. The present writ petition has been filed praying for issuance of a writ and/or order directing respondent No. 4 to remove the unauthorized construction over the land belonging to Public Works (Roads) land in Plot No. 650 of Mouza-Chandanpur, J.L. No. 198, P.S. Debra, District Paschim Medinipur, in front of the petitioner’s raiyati land, by the side of the Bishnupur More (Ashari) to Radhamohanpur Road.

4. Mr. Chakraborty, learned Advocate appearing for the petitioner, submits that a parcel of land admeasuring 08 decimals in Plot No. 650, Mouza-Chandanpur, J.L. No. 198, P.S. Debra, District Paschim Medinipur, is owned by the petitioner and that the said land was converted to ‘Bastoo’ after following the procedure prescribed under Section 4C of the West Bengal Land Reforms Act, 1955. He submits that, suddenly, on 21.12.2023, the private respondent nos. 9

and 10 encroached upon a portion of the land belonging to PWD (Roads) and started making construction thereon illegally. The petitioner raised his voice against such illegal action. However, he was assaulted. He submits that such fact was brought to the notice of the jurisdictional police, and the police also diarised the information, which was registered as Debra P.S. GDE No. 1643 dated 30.01.2024. He submits that the petitioner submitted an application dated 06.02.2024 to bring this fact to the notice of respondent no. 4. However, despite receipt of such representation from the petitioner, no effective steps have been taken. Such inaction has prompted the petitioner to prefer the present writ petition.

5. Having heard the learned Advocate appearing for the petitioner and upon perusal of the materials on record, I am of the view that if the present writ petition is disposed of in the following terms, the respondents shall not be prejudiced.

6. Accordingly, the writ petition is disposed of by directing respondent no. 4 to consider and dispose of the petitioner’s representation dated 6th February, 2024, upon affording an opportunity of hearing to the petitioner and the private respondents.

7. Upon such consideration, if respondent no. 4 finds substance in the petitioner’s grievances, he shall take consequential steps in accordance with law. In the event the claim of the petitioner is found to be without substance,

respondent no. 4 shall pass a reasoned order in that regard and communicate a copy thereof to the petitioner forthwith. Entire exercise shall be carried out within a period of eight weeks from the date of receipt of copy of this order.

8. With the aforesaid observation, the present writ petition is disposed of.

(Partha Sarathi Chatterjee, J.)