Humayun Kabir Vs the State of West Bengal and Ors.

By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate Writ/Writs against the respondent authorities, more specifically, respondent no.8 authority to take appropriate steps for removal of the encroachment, as made by the private respondents in front of the writ petitioner’s property, particulars of which has been mentioned in Paragraph No.4 of the instant wit petition and as a result of which, the writ petitioner is facing of extreme difficulty to get easy egress and ingress to his property.

¶12

At the time of hearing, learned advocate appearing on behalf of the writ petitioner draws attention of this Court to Page Nos.14 and 15 of the instant writ petition

¶13

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¶14

being, copies of the relevant L.R. Records standing in the name of the father of the writ petitioner.

¶15

It is submitted that from page No.16 of the instant writ petition it would reveal that alleging the illegal construction at the instance of the private respondents over the P.W.D. property in front of the writ petitioner’s land, the writ petitioner made a representation dated 14.05.2025 with the respondent no.5 authority.

¶16

It is submitted that from page No.17 of the instant writ petition it would reveal that the respondent no.8 authority on 21.05.2025 by issuing a Memo requested the respondent no.6 authority to submit a demarcation report after conducting a joint survey.

¶17

It is submitted that despite issuance of such Memo, no action has been taken by the respondent authorities regarding removal of the encroachment, as prayed for.

¶18

It is, thus, submitted on behalf of the writ petitioner that appropriate Writ/Writs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition.

¶19

Learned advocate appearing on behalf of the private respondents submits before this Court that the allegation, as made in the instant writ petition, are incorrect.

¶20

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¶21

It is further submitted that in between the writ petitioner and the private respondents, a Partition Suit is pending before the jurisdictional Civil Court.

¶22

It is, thus, submitted on behalf of the private respondents that since the writ petitioner has suppressed such material fact, the instant writ petition may be dismissed.

¶23

Mrs. Joyita Dhar Chakraborty, learned advocate on behalf of the respondent/State, in her usual fairness, submits before this Court that the respondent no.8 authority may be directed to consider the representation dated 23.05.2025, in accordance with law.

¶24

In view of such, this Court while disposing the instant writ petition, directs the respondent no.6 authority to make a field verification at the disputed plot in question and shall submit a demarcation report with the respondent no.8 authority positively within 30 working days from the date of communication of the server copy of this order. The respondent no.8 authority on receipt of such demarcation report from the respondent no.6 authority, shall cause service of notice upon the writ petitioner and the private respondents and shall provide them copies of the demarcation report as would be submitted by the respondent no.6 authority.

¶25

The respondent no.8 authority is further directed to consider the representation dated 14.05.2025, as

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submitted by the petitioner, 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 in the light of the demarcation report, as would be submitted by the respondent no.8 authority positively within 45 working days from the date of receipt of the demarcation report from the respondent no.6 authority.

¶28

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

¶29

Liberty is given to the writ petitioner to communicate server copies of this order alongwith a copy of the representation dated 14.05.2025 both to the respondent nos.6 and 8 authorities forthwith, who are directed to act on the server copy of this order.

¶30

With the aforementioned observation, the instant writ petition is disposed of.

¶31

It is further made clear that while disposing the instant writ petition, this Court has not gone into the merits of the representation dated 14.05.2025 and thus, all points area kept open before the respondent no.8 authority.

¶32

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

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(PARTHA SARATHI SEN, J.)

Humayun Kabir v. the State of West Bengal and Ors.

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Humayun Kabir v. the State of West Bengal and Ors.

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