Syed Kabirul Islam Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Syed Kabirul Islam Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by directing the 4th respondent (SDO, Lower Damodar Construction Division.-I, Irrigation & Waterways Directorate) to consider the petitioner's representation dated 2nd May, 2025 and pass a reasoned order after affording him an opportunity of hearing, to be communicated positively by the end of March, 2026; no order as to costs.

Issue for consideration

Whether the petitioner, whose land was allegedly utilized by the Irrigation Department while constructing a canal, is entitled to compensation. +1 more

Court's answer

WPA 13477 of 2025 stands disposed of by directing the 4th respondent (Sub-Divisional Officer, Lower Damodar Construction Division.-I, Irrigation & Waterways Directorate) to consider the representation dated 2nd May, 2025 and to pass a reasoned order after affording the petitioner an opportunity of hearing.

Ratio / Principle

The Court expressly did not enter into the merits of the petitioner's claim made in the representation dated 2nd May, 2025.

Key takeaways

The reasoned order so passed is to be communicated to the petitioner as expeditiously as possible and positively by the end of the month of March, 2026.ratio¶12

Detailed headnote1 paragraphs

Writ petition (WPA 13477 of 2025) filed by the claimed owner of Plot No. 1761, Khatian No. 2680, Mouza Khajurnan, P.S. Shyampur, District Howrah, alleging that the Irrigation Department utilized a portion of his property while constructing a canal, and that his representation dated 2nd May, 2025 addressed to the Sub-Divisional Officer, Lower Damodar Construction Division.-I, Irrigation & Waterways Directorate (4th respondent) remained undecided. Without entering into the merits of the compensation claim, Hiranmay Bhattacharyya, J. disposed of the writ petition by directing the 4th respondent to consider the representation dated 2nd May, 2025, pass a reasoned order after affording the petitioner an opportunity of hearing, and communicate the order as expeditiously as possible, positively by the end of March, 2026. No order as to costs.

A. 15 02.03.2026 Court No.19 BP

WPA 13477 of 2025

Syed Kabirul Islam -versus-

The State of West Bengal and others

Mr. Robiul Islam Mr. Sk. Jayed Hossain Mr. Kushal Das ..for the petitioner

Mr. Ayan Banerjee Ms. Amrita Tewari ..for the State

The petitioner claims to be the owner of Plot No. 1761, Khatian No. 2680 within Mouza Khajurnan under Police Station Shyampur in the District of Howrah. The petitioner alleges that while constructing a canal the Irrigation Department has utilized a portion of the property of the petitioner.

The learned advocate appearing for the petitioner submits that since the portion of the property of the petitioner has been utilized, the petitioner is entitled to compensation. The petitioner submitted a representation before the Sub-Divisional Officer, Lower Damodar Construction Division.-I, Irrigation & Waterways Directorate, Fuleswar, Uluberia, Howrah being the 4^th respondent by a letter dated 2^nd May, 2025.

The learned advocate appearing for the petitioner submits that in spite of receipt of such representation no decision on such representation has been communicated to the petitioner till date.

2

The learned advocate appearing for the State submits that the decision on such representation shall be communicated to the petitioner within the time limit as may be fixed by this Court.

Without entering into the merits of the claim made by the petitioner in the representation dated 2^nd May, 2025, WPA 13477 of 2025 stands disposed of by directing the Sub-Divisional Officer, Lower Damodar Construction Division.-I, Irrigation & Waterways Directorate, Fuleswar, Uluberia, Howrah being the 4^th respondent to consider the representation dated 2^nd May, 2025 and to pass a reasoned order after affording an opportunity of hearing to the petitioner and communicate the reasoned order to the petitioner as expeditiously as possible but positively by the end of the month of March, 2026.

There shall be however no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)