WPA/1382/2026 of AMIT SAHA Vs THE STATE OF WEST BENGAL AND ORS on 19 August 2026

1. The petitioner has challenged an alleged show cause notice dated July 17, 2026, annexure P-3 at page 25 to the writ petition. The principal plea of challenge is that, the plots no. 161 and 167 are not the plots on which 1962 Act is applicable. Plot no. 166 is recorded in the name of a rayat and plot no. 162 is recorded in the name of Municipality, hence 1962 Act would also not apply for these two plots.

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2. Petitioner further submits that, several persons are also in occupation and running their respective shops at the same locale who are identically placed that of the petitioner but the petitioner has been picked and chosen.

3. Mr. Kunaljit Bhattacharya, leaned Additional Government Pleader appearing for the State submits that, plot nos. 162, 166 and 167 are recorded in the name of Government of West Bengal and plot no. 161 is in the name of Municipality. Classification of land in respect of plot no. 161 is path and the rest are nala. He further submits that, the petitioner has not replied to the said show cause.

4. After considering the rival submissions of the parties following directions are made:

a. Petitioner shall submits his reply to the said show cause notice dated July 17, 2026, annexure P-3 at page 25 to the writ petition before the respondent no. 3 on or before August 31, 2026 along with a copy of this writ petition and a copy of today’s order;

b. The respondent no. 3 then upon issuing a prior hearing notice of at least three working days to the petitioner and after granting him an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law but

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positively within four weeks from the date of receiving reply from the petitioner;

c. The reasoned order shall be communicated to the petitioner positively within one week from the date of the said reasoned order to be passed;

d. In the event, the reasoned order confirms encroachment/unauthorized construction on the public land in the light of the available land records, the respondent no. 3 and/or any other appropriate authority shall take an immediate step to give an immediate effect to the said reasoned order but positively within three weeks, immediately upon expiry of four weeks from the date of reasoned order to be passed, in accordance with law;

5. It is needless to mention that, in the event of necessity the jurisdictional B.L.&L.R.O. shall produce the relevant land records before the respondent no. 3 in course of the hearing.

6. It is made clear that, this order shall not create any right or equity in favour of the petitioner in the event the contention of the petitioner is not found to be sustainable, strictly in accordance with law.

7. Since affidavits are not called for, allegations made in this writ petition are deemed not to have been admitted by the respondents.

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8. With the above observations and directions this writ petition being WPA 1382 of 2026 stands disposed of, without any order as to costs.

9. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)