WPA/1570/2026 of SOUMEN MALAKAR Vs THE STAE OF WEST BENGAL AND ORS on 13 August 2026

1. Affidavit of service filed in Court today is taken on record.

2. The State authority has served a notice under Sub-Section 1 of Section 6A of the West Bengal Public Land (Eviction of Unauthorized Occupants Act, 1962).

3. The learned advocate appearing for the petitioner submits that, challenging the said notice the petitioner has filed this writ petition and

A. Roy,J.

after the writ petition has been filed the entire construction which was the subject matter of the said notice has been demolished by the State authority without granting an opportunity of hearing.

4. Prayer (c) to the writ petition is a prayer for consideration of granting a settlement over the subject land infavour of the petitioner.

5. Learned advocate for the State submits that, in connection with the said eviction notice a virtual hearing was granted to the petitioner on June 19, 2026 at 4.00 P.M. when petitioner had participated. Then on July 8, 2026 a learned advocate Sri Subha Pathak appeared for the petitioner before the jurisdictional authority and prayed for time.

6. The petitioner has denied and disputed the submissions of the respondents.

7. Be that as it may, since the petitioner had participated in the eviction process virtually and the alleged construction has been demolished, prayers (a) and (b) to this writ petition have become infructuous and the petitioner does not press for the same. At this juncture, the petitioner only insists for prayer (c) to the writ petition.

8. In any event, any order passed or steps taken under the said 1962 Act is appealable before the jurisdictional appellate authority, as provided under the statute. Therefore, this Court will also not venture to go and make an enquiry in relation thereto.

A. Roy,J.

9. In so far as prayer (c) is concerned, the application of the petitioner dated December 28, 2022 shall be considered by the respondent no. 2 after granting an opportunity of hearing to the petitioner and by passing a reasoned order in accordance with law for holding the hearing the respondent no. 2 shall serve a prior notice of at least seven days to the petitioner.

10. The entire exercise shall be carried out and completed by the respondent no. 2 including passing the reasoned order within six weeks from the date of communication of the order.

11. It is made clear that, this order shall not create any right or equity in favour of the petitioner for both in respect of the proceeding already initiated against the petitioner under 1962 Act as well as if the petitioner is not entitled to receive his claim under his application for long term settlement strictly in accordance with law.

12. The reasoned order shall be communicated to the petitioner within two weeks from the date of the reasoned order to be passed.

13. It is made clear that, this Court has not gone into the rival contentions of the parties either in respect of the steps taken by the State authority under 1962 Act or in respect of the prayer for the petitioner for long term settlement. While considering the case of the petitioner the respondent no. 2 shall also consider the documents at pages 40, 42 and 43 but not the notice at page 41 to the writ petition.

A. Roy,J.

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

15. With the above observations and directions this writ petition being WPA 1570 of 2026 stands disposed of, without any order as to costs.

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

(Aniruddha Roy, J.)