Vivekananda Das Vs the State of West Bengal and Ors.

By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ or writs against the respondent authorities, more specifically against the private respondent no.3 authority, commanding him to take appropriate steps regarding removal of illegal

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encroachment made by the private respondents over LR Plot No.105 in Mouza-Banpur under PS-Tamluk, District-Purba Medinipur.

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At the time of hearing the learned advocate appearing on behalf of the writ petitioner draws attention of this Court to page no.24 of the instant writ petition, being a copy of the order dated

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30.04.2024 as passed by the respondent no.3 authority in a proceeding under the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (“the Act of 1962” in short) whereby and whereunder the said respondent no.3 authority found that the private respondents’ house is situated partly on government land, being LR Plot No.104 and partly on rayati plot, being LR Plot No.105 in Mouza-Banpur, PS-Tamluk, DistrictPurba Medinipur. It is submitted that soon thereafter encroachment of the

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private respondents over LR Plot

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No.104, which is a government land, has been removed.

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In his next limb of submission the learned advocate for the petitioner draws attention of this Court to page no.26 of the instant writ petition, being a copy of a reply dated 02.05.2025 as received by the writ petitioner from the Special Land Acquisition Officer, Purba Medinipur. It is submitted that from the said reply dated 02.05.2025 it would reveal that the LR Plot No.105 in Mouza-Banpur, PS-Tamluk, DistrictPurba Medinipur has been fully acquired by the respondent/State. It is, thus, submitted that soon thereafter by way of a representation dated 16.04.2026 the writ petitioner approached the respondent no.3 authority for removal of unauthorized encroachment over the government land, being LR Plot No.105 of the

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aforementioned mouza but no steps have been taken by the respondent no.3 authority. It is, thus, submitted that appropriate relief or reliefs may be granted to the writ petitioner in terms of prayers made in the instant writ petition.

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Ms. Dhar Chakraborty, learned advocate appearing on behalf of the respondent/State and Mr. Bhattacharya, learned advocate appearing on behalf of the respondent no.4 authority in their usual fairness submit before this Court that the respondent no.3 may be directed to consider the representation dated 16.04.2026 in accordance with law.

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In view of such, this Court while disposing the instant writ petition directed the respondent no.3 authority to consider the representation dated 16.04.2026 as submitted by the writ petitioner in the light of the reply of the

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Special Land Acquisition Officer, Purba Medinipur dated 02.05.2025 in accordance with law and after giving due opportunity of hearing both to the writ petitioner and the private respondents shall pass a reasoned order and shall forthwith communicate the same both to the writ petitioner and the private respondents. It is further directed that prior to passing of the reasoned order and prior to considering the aforementioned representation dated 16.04.2026 the respondent no.3 authority shall cause service of a copy of the reply dated 02.05.2025 as issued by the Special Land Acquisition Officer, Purba Medinipur to the private respondents.

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The entire exercise as indicated in the forgoing paragraph shall have to be completed by the respondent no.3 authority positively within sixty (60) working days from the date of

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communication of the server copy of today’s order alongwith a copy of the representation dated 16.04.2026. The time limit as fixed by this Court is peremptory and mandatory.

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It is further directed that in the event while passing the reasoned order if the respondent no.3 authority finds sufficient merit in the representation dated 16.04.2026 as submitted by the writ petitioner he is directed to take all consequential action in accordance with law.

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Before parting with, it is made clear that while disposing the instant writ petition this Court has not gone into the merits of the representation dated 16.04.2026 as mentioned supra and, thus, all points are kept open for adjudication before the respondent no.3 authority.

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12. Urgent Photostat certified copy of this order, if applied for, be delivered to

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the learned advocates for the parties, upon compliance of all formalities.

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(PARTHA SARATHI SEN, J.)

Vivekananda Das v. the State of West Bengal and Ors.

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Vivekananda Das v. the State of West Bengal and Ors.

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