Sk. Rafik Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Sk. Rafik Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

District Magistrate, Bankura directed to dispose of the petitioner's representation dated 12.09.2025 after affording an opportunity of hearing to all parties by passing a reasoned and speaking order within six weeks; appropriate steps for eviction of the private respondents to be taken if illegal construction by filling up the pond is found.

Issue for consideration

Whether the concerned authorities, specifically the District Magistrate, Bankura, should act upon the petitioner's representation/complaint that the private respondent illegally constructed a building by filling up a pond used for pisciculture at Mouza – Indus, Block – Indus, District – Bankura.

Court's answer

The writ petition was disposed of by directing the District Magistrate, Bankura to dispose of the writ petitioner's representation dated 12.09.2025 by giving an opportunity of hearing to all parties and passing a reasoned and speaking order within six weeks from receipt of the copy of the order; and if the authority finds that the private respondent made illegal construction filling up the pond, the authority shall take appropriate steps for eviction of the private respondents from the said property.

Detailed headnote1 paragraphs

Writ petition (WPA 24539 of 2025) concerning alleged illegal construction by filling up a pond used for pisciculture at Mouza – Indus, L.R./R.S. Dag No. 434, J.L. No. 66, Block – Indus, P.S. Indus, District – Bankura, disposed of by directing the District Magistrate, Bankura to decide the petitioner's representation dated 12.09.2025 after giving all parties an opportunity of hearing and by passing a reasoned and speaking order within six weeks; if illegal construction filling the pond is found, appropriate steps for eviction of the private respondents are to be taken. Reference made to action sought pursuant to the Inland Fisheries Act, 1984 following communication dated 17.10.2025 by the Additional Directorate of Fisheries (Tech) HQ, West Bengal. Judgment delivered by Krishna Rao, J., dated 06.11.2025.

S/L 4 06.11.2025 Court. No. 25 sourav

WPA 24539 of 2025

Sk. Rafik Vs.

The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee

…for the petitioner.

Mr. Ayan Banerjee Mr. Amrita Lal Chatterjee

… for the State.

The petitioner has filed the present writ petition with the grievance that the private respondent has illegally constructed a building by filling up a pond which is used for pisciculture situated at Mouza – Indus, L.R. Dag No. 434, R.S. Dag No. 434, J.L. No. 66, Block – Indus under P.S. Indus in the District – Bankura.

The learned counsel for the petitioner submits that though the petitioner has filed the complaint to all the authorities but the authorities did not take any steps. Accordingly, the petitioner has filed the present writ petition.

After filing the present writ petition, the Additional Directorate of Fisheries (Tech) HQ, West Bengal has made a communication to the District Magistrate, Bankura dated 17.10.2025 by requesting for taking appropriate action as per the provisions of the Inland Fisheries Act, 1984.

The learned counsel for the State submits that on receipt of the complaint of the petitioner, the

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authorities have already initiated action and it is pending for adjudication.

Considering the above, this Court finds that no purpose should be served by keeping the present writ petition pending. Accordingly, the writ petition is disposed of by directing the District Magistrate, Bankura to dispose of the representation submitted by the writ petitioner dated 12.09.2025 by giving an opportunity of hearing to all the parties by passing a reasoned and speaking order within a period of six weeks from the date of receipt of the copy of this order. If the authority finds that the private respondent has made illegal construction filling up the pond, the authority shall take appropriate steps for eviction of the private respondents from the said property.

With the aforementioned direction, the instant writ petition being WPA 24539 of 2025 is disposed of.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)