29.08.2025 SL No.17 Court No.24 Ali WPA 4129 of 2022 Palash Paramanick & Anr. Versus The State of West Bengal & Ors. Mr. Gouranga Kumar Das, Ms. Paulami Dutta …… for the petitioners. Ms. Munmun Tewary, Ms. Indrani nandi …. for the State. Affidavit-of-service filed on behalf of the petitioner be taken on record. Petitioners along with other co-sharers are the owners and occupiers of LR Dag No. 2898, 2585 of Mouja-Dakhin Raipur under Police Station- Nodakhali, Dist.: 24-Parganas (South). It is the contentions of the petitioners that plots in question are situated beside river Hooghly due to natural calamities, the aforesaid properties are damaged day by day and under erosion to the river which may swallowed the entire property any time. Considering such situations, the petitioners and other co-sharers are in apprehension that their property may be damaged so they made a detailed representation to the 2 authority on 8th September, 2021. Their representations were not considered; hence this writ. Ms. Munmun Tewary along with Ms. Indrani Nandi learned counsels appear on behalf of the State authority. Ms. Tewary submits that the State has submitted a report through Executive Engineer-II, Canal Division, Irrigation & Waterways Department, Government of West Bengal dated 9th of January, 2024. The copy of the report be taken on record. After perusing the said report from the department it appears that the disputed LR plots in question are situated on the left bank of river Hooghly, where the river bank is having a gentle slope around (2:1) which is considered as a stable & recommended slope for achievement of any executed work in the conventional bank protection work. It is further reported that these plots are showing deposition of silt which is a sign of stability of bank of river Hooghly at this location. It is further reported that these plots of river bank is mostly covered by trees above the High Tide Level (HTL) which is also sign of natural stability of bank maintained by the river Hooghly. 3 On submission of the report, it is the opinions of the authority that there having no sign of erosion of River Hooghly in respect of the plots in question rather showing its natural stability of river bank. Having heard the learned counsel for the parties also after considering the report of the authority it appears that authority is of opinion that no action is required to be taken by the department to save the land in question. However, it appears that report is old one, and the petitioners have approached the authority in the year 2021 but, they have not respondent the petitioner. Considering the situation, the authority concerned is duty bound to demonstrate the entire fact to the petitioners by giving them an opportunity of being heard. Under the above observations, the instant writ petition is disposed of. The petitioners are directed to approach the District Magistrate, 24-parganas (South) with a detailed representation coupled with the copy of this order within two weeks from the date of passing of this order. On such representation, the District Magistrate, 24-Parganas (South) being 4 respondent No. 4 of this writ petition shall call for a report from the concerned department and dispose of the representation within six weeks from the date of receiving of representation according to law after giving a reasonable opportunity of being heard to the petitioners. The decision of the authority shall be communicated to the petitioners within two weeks thereafter. Under the above observations, the instant writ petition is disposed of. Since no affidavits are exchanged between the parties, allegation made in the writ petition shall be deemed to have been not admitted Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions. (Subhendu Samanta, J.)