Tabarak Malitya Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Tabarak Malitya Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with time-bound directions: respondent no.7 to submit/file his report within 15 days from the date of the order based on records of his department and the concerned B.L.&L.R.O.; on submission of that report, respondent no.11 to conclude the matter under process within 15 days thereafter; interim order, if any, vacated; connected applications, if any, disposed of consequently; photostat certified copy to be given to parties on priority upon compliance of formalities.

Issue for consideration

Whether the respondents should be directed to grant an FPS License in favour of the petitioner against vacancy notification no.836/SCFS/BER/2023 dated 01.09.2023 issued by the Sub-Divisional Controller (F &S), Berhampore (Sadar). +1 more

Ratio / Principle

Respondent no.7 was directed to make all endeavour to submit his report on the basis of records available with his department and the concerned B.L.&L.R.O.

Key takeaways

Respondent no.7 was directed to file the report within 15 days from the date of the order.ratio¶15
On the said report being submitted, respondent no.11 was directed to conclude the matter under process within 15 days thereafter.ratio¶17
Any interim order, if any, stands vacated upon disposal of the writ application.ratio¶22

Detailed headnote1 paragraphs

Writ petition (WPA 18763 of 2025, decided 10.11.2025) by Tabarak Malitya seeking a direction to the State respondents to grant an FPS License against vacancy notification no.836/SCFS/BER/2023 dated 01.09.2023 issued by the Sub-Divisional Controller (F &S), Berhampore (Sadar), for premises at Village Chandpur, P.S./Block Nowda, District Murshidabad. The petitioner had been interviewed on 17.03.2025; an inquiry into alleged encroachment was conducted on 12.12.2023 and the Block Land and Land Reforms Officer, Nowda acted vide order dated 03.07.2024, but no final inquiry report had reached respondent no.11, whose decision remained blocked pending a report from respondent no.7. Shampa Dutt (Paul), J disposed of the writ application, directing respondent no.7 to submit his report within 15 days from the date of the order and respondent no.11 to conclude the matter within a further 15 days thereafter; interim orders were vacated and connected applications stood disposed of consequently.

10.11.2025 Ct. No. 30 SL No. 12

MKP

WPA 18763 of 2025

Tabarak Malitya

Vs.

The State of West Bengal & Ors.

Mr. Debabrata Saha Roy, Ld. Sr.Adv. Mr. Pingal Bhattacharya Mr. Subhankar Das Mr. Neil Basu ………….. for the Petitioner

Ms. Sonal Sinha, Ld. AGP.

………..for the State

1. The writ application has been preferred praying for direction upon the respondents to grant FPS License in favour of the petitioner against the said vacancy notification being no.836/SCFS/BER/2023 dated 01.09.2023 at Village: Chandpur, Elemnagar Elemnagar, Near Elemnagar Primary School Elemnagar, Mouza: Chandpur, P.O.: Chandpur, P.S.: Nowda, Block: Nowda under Berhampore (Sadar) Sub-Division in the District of Murshidabad, issued by the Sub-Divisional Controller (F &S), Berhampore (Sadar).

2. It is submitted by the Learned Counsel for the petitioner that in spite of being called for a

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personal interview on 17.03.2025 and an inquiry being already conducted on 12.12.2023 and necessary action taken by the Block Land and Land Reforms Officer, Nowda, Murshidabad, vide order dated 03.07.2024, no final inquiry report regarding the encroachment as alleged has been submitted before the respondent no.11.

3. It appears from the report submitted by the Learned Counsel for the State today (which be kept with record) that the respondent no.11 is unable to come to a final conclusion regarding the claim of the petitioner as the said report is still pending from the end of the respondent no.7.

4. Considering the said facts, the writ application is disposed of with the direction that the respondent no.7 shall make all endeavour to submit his report on the basis of records available with his department and the concerned B.L.& L.R.O. and file a report within 15 days from the date of this order.

5. Learned Counsel for the State is at liberty to communicate a server copy of this order to the respondent no.7.

6. And on the said report being submitted, the respondent no.11 shall conclude the matter under process within 15 days thereafter.

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7. The writ application stands disposed of .

8. Applications, if any, connected thereto stand

disposed of consequently.

9. Interim order, if any, stands vacated.

10. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]