Ajmal Uddin Sekh @ Ajmoluddin Sk. @ Ajmal Uddin Sk. Vs State of West Bengal and Ors.

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Ct.No.19 D/L 10.07.2026 21

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Saikat Mukherjee

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WPA/13810/2026

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AJMAL UDDIN SEKH @ AJMOLUDDIN SK. @ AJMAL UDDIN SK. VS. STATE OF WEST BENGAL AND ORS.

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Mr. Atis Kumar Biswas, Adv.

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.…For the Petitioner

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Mr. Nilanjan Bhattacharjee, S.S.C. Ms. Jayita Dhar Chakraborty, Adv. Mr. Joy Ranjan Dhar, Adv.

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…For the Respondent-State

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1. The writ petitioner and Respondent-State are represented by their respective learned counsel.

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2. Affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

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3. By filing the instant writ petition the writ petitioner has prayed for appropriate writ/writs against the respondent authorities, more specifically against the Respondent Nos.5 to 7 commanding them to remove the illegal encroachment from the land being Plot No.5427 in Mouza-Debagram under Kaliganj Police Station.

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4. At the time of hearing, learned advocate appearing on behalf of the writ petitioner, at the very outset took me to Page No.71 and 72 of the instant writ petition being a copy of the order dated 08.12.2025 as passed by the Respondent No.4 authority under

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section 4(1) of West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 (‘Act of 1962’ in short). It is submitted that on perusal of the said order dated 08.12.2025 it would reveal that the Respondent No.4 authority directed the private respondents of the said proceeding to remove their possession from the aforementioned plot number.

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5. For effective adjudication of the instant lis the relevant portion of the said order dated 08.12.2025 is quoted hereinbelow in verbatim:-

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“Hence, by the virtue of section 4(1) of the WB Public Land (Eviction of Unauthorised Occupants) Act, 1962, the above-mentioned Pvt. Respondents are directed to remove their possession over the land in Plot No.5427, Mouza Debagram, JL No.:60 under Kaliganj PS within 20 days from the receipt of this order. Failing which BDO, Kaliganj, u/s 5(1) of the WB Public Land (Eviction of Unauthorised Occupants) Act, 1962 is directed to enforce the eviction of the said encroachment with assistance of BL&LRO Kaliganj. IC/OC Kaliganj is directed to render all possible assistance to the BDO, Kaliganj to maintain peace and tranquility during eviction.”

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6. At this juncture, Mr. Biswas, learned advocate appearing on behalf of the writ petitioner, draws attention of this Court to Paragraph-16 of the instant writ petition. It is submitted that it is the specific case of the writ petitioner that though the present private respondents have removed all their articles from such illegal structure but the said

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structure are still kept intact as a result whereof the encroachment has not been removed. In support of his contention, attention of this Court is drawn to Page No.82 being a photograph vis-à-vis a copy of the representation dated 05.05.2026 as submitted by the writ petitioner with the Respondent No.4 authority as lying at Page-83 to 87, which have been sent under post. It is submitted that despite passing of the said order dated 08.12.2025 by the Respondent No.4 authority and despite submission of representation dated 05.05.2026, the respondent authorities have not taken effective steps for implementation of the said order dated 08.12.2025 as passed by the Respondent No.4 authority.

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7. It is, thus, submitted on behalf of the writ petitioner that it is a fit case for granting reliefs to the writ petitioner in terms of prayers made in the writ petition.

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8. Ms. Dhar Chakraborty, learned advocate appearing for Respondent-State, submits before this Court that the Respondent Nos.5 to 7 authorities may be directed to comply with the order dated 08.12.2025 as passed by the Respondent No.4 authority.

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9. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties it appears that the Respondent No.4 authority by invoking its

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power under section 4 of the Act of 1962 passed an order of eviction. The relevant portion of which is quoted in the foregoing paragraphs. Materials have been placed before this Court that though the unlawful encroachers have removed their belongings materials from the encroached structure but the encroached structure remains as it is on the government land. It further appears that the Respondent No.4 authority directed to Respondent No.5 to 7 authorities to enforce the eviction of the said encroachment.

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10. Such being the position, this Court while disposing the instant writ petition directs the Respondent Nos.5 to 7 authorities to remove the encroachment from Plot No.5427 in Mouza-Debagram under Kaliganj Police Station, as per the order dated 08.12.2025 passed by the Respondent No.4 by demolishing the illegal structure forthwith and respondent authorities are further directed to realise the cost of such demolition from the persons who had made encroachment over the said land by initiating a certificate proceeding. It is further directed that the entire work of demolition and/or removal shall have to be supervised by the Respondent No.4 in exercise of its power under section 5 of the Act of 1962.

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11. The entire exercise, as indicated in the foregoing paragraph, is to be completed within 10 working days from the date of communication of the server copy of this order.

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12. The time limit, as fixed by this Court, is peremptory and mandatory.

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13. Liberty is given to the learned advocate-on-record to communicate the server copy of this order to the Respondent Nos.4 to 7 to act on the basis of the server copy of this order.

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14. With the aforementioned observations and directions, the instant writ petition is disposed of .

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

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(PARTHA SARATHI SEN, J.)

Ajmal Uddin Sekh @ Ajmoluddin Sk. @ Ajmal Uddin Sk. v. State of West Bengal and Ors.

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Ajmal Uddin Sekh @ Ajmoluddin Sk. @ Ajmal Uddin Sk. v. State of West Bengal and Ors.

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