Sk. Jobed and Ors. Vs State of West Bengal and Ors.

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03.07.2026 Item No.06 Court No.01 KCP

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WPA(P) 95 of 2026

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Sk. Jobed & Ors. - Versus - The State of West Bengal & Ors.

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Mr. Mijanul Kabir Ms. Luna Khatoon Mr. Baparaj Dey Mr. Raju Sk.

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…. For the petitioners

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Mr. Ajit Kumar Mishra, Ld. A.G.P. Mr. Gopal Krishna Sarkar Mr. Milind Mohul Ghosh …. For the State respondents Ms. Sonal Sinha Mr. Sandipan Das Ms. Kazi Tania Parveen

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…. For the S.P.C.B. Mr. Kamal Mishra …. For the respondent no.17

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Mr. Gopal Pahari Ms. Mandeep Kaur

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…. For the respondent nos. 19 & 20

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Affidavit-of-service, as filed, be kept on record.

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The present writ petition has been preferred by the petitioners claiming themselves to be public spirited citizens and social workers.

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Mr. Kabir, learned advocate appearing for the petitioners submits that in the present writ petition the dispute pertains to a Government land at plot no.1368, recorded in favour of Kudveri Primary School (hereinafter referred to as the said school). Such land is classified in the revenue records as

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school land meant exclusively for educational purposes including playground, infrastructure and other ancillary educational activities. The private respondents have illegally encroached upon a portion of the said land and taking advantage of administrative inaction, they have commenced construction of a permanent temple structure upon the said land of the school without any sanctioned building plan or permission from the competent authority. Complaining about such illegal activities, the petitioners filed a representation to the respondents on 16^th February, 2026 and in spite of received of the same, the concerned authorities have not taken appropriate steps and as such, the petitioners have been constrained to approach this Court.

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Mr. Pahari, learned advocate appearing for the respondent nos. 19 and 20 denies and disputes the contention of Mr. Kabir and submits that the land at plot no. 1368 belongs to Hiraknia Sarbojonin Durga Utsab Committee. In support of such contention he relies upon a deed. Let the same be kept on record.

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Mr. Mishra, learned advocate appearing for the Council submits that the issue may be relegated to the District Magistrate for consideration.

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Heard the learned advocates appearing for the respective parties and considered the materials on record.

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The grievance of the petitioners is that a school land is being illegally encroached upon by the private respondents. However, the school has not taken any steps. The petition involves disputed questions of fact pertaining to ownership and possession of land and travelling into the area to adjudicate such factual dispute would be a wrongful exercise of public interest jurisdiction.

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In view thereof, no interference is called for in the present writ petition and the same is, accordingly, dismissed.

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There shall, however, be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)

Sk. Jobed and Ors. v. State of West Bengal and Ors.

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Sk. Jobed and Ors. v. State of West Bengal and Ors.

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