Amiya Ghosh Vs State of West Bengal and Ors.

At the time of hearing it is submitted by Mr. Dhole that it is his specific case in the writ petition that the writ petitioner is a raiyat in respect of 3.10 decimal of land in LR Plot No.120 and 3.5 decimal

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of land in LR Plot No.121 in MouzaSindrani under P.S.-Bagdah by way of purchase. Mr. Dhole in support of his contention draws attention of this Court to the copy of the registered deed of conveyance as has been annexed with the instant writ petition. It is submitted by Mr. Dhole that soon thereafter the writ petitioner recorded his name in LR record, a copy of which has been annexed at page no.32.

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It is submitted by Mr. Dhole that soon after the purchase the writ petitioner has noticed that the private respondents have started encroaching the PWD land in front of the writ petitioner’s aforementioned two plots of land and as a result whereof the writ petitioner is facing difficulty in getting easy access to the said two plots of land.

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Drawing attention to page no.32 of the instant writ petition it is submitted by

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Mr. Dhole that under cover of a letter dated 14.01.2026 the writ petitioner approached the PWD authority with a request to remove the encroachment. Despite receipt of such letter/representation the respondent authorities did nothing. It is, thus, submitted that Mr. Dhole that it is a fit case for grant of relief or reliefs in terms of the prayers made in the instant writ petition.

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Mr. Hati, learned advocate appearing on behalf of the respondent State submits that immediately after receipt of the representation dated14.01.2026 the respondent no.5 authority requested the respondent no.7 authority to submit a demarcation report for effective adjudication of the dispute.

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Such being the position, this Court while disposing the instant writ petition directs the respondent no.7 authority to

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cause a field verification after giving prior notice to the writ petitioner and the private respondents and shall submit a demarcation report with the respondent no.5 authority within thirty (30) working days from the date of communication of a server copy of this order, if not done in the meantime.

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The respondent no.5 authority on receipt of the demarcation report from the respondent no.7 authority shall cause service of notice upon the petitioner and the private respondents and shall provide them copies of the demarcation report.

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The respondent no.5 is further directed to consider the representation dated 14.01.2026 as submitted by the writ petitioner in accordance with law and in the light of the demarcation report as would be submitted by the respondent no.7 authority and after giving due chance of hearing to the writ

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petitioner and the private respondents

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and/or their authorized

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representatives, shall pass a reasoned order and shall forthwith communicate the same both to the writ petitioner and the private respondents.

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The entire exercise as indicated in the foregoing paragraphs is to be completed within 45 working days from the date of receipt of the report from the respondent no.7 authority.

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

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The learned advocate-on-record of the writ petitioner is directed to communicate the server copy of this order to the respondent nos.5 and 7 authority, who are directed to act on the basis of the server copy of this order.

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It is further directed that in the event the respondent no.5 authority while passing the reasoned order finds

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sufficient justification in the

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representation of the writ petitioner he is directed to take consequential action forthwith.

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With the aforementioned observations the instant writ petition is disposed of.

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Before parting with, it is made clear that while disposing the writ petition this Court has not gone into the merits of the representation dated 14.01.2026 as submitted by the writ petitioner before the respondent authorities. Thus, all points are kept open for adjudication by the respondent no.5 authority.

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17. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities.

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(PARTHA SARATHI SEN, J.)

Amiya Ghosh v. State of West Bengal and Ors.

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Amiya Ghosh v. State of West Bengal and Ors.

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