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2025 DAILYLAW 2146 (CAL)

NAJMA ROY v. STATE OF WEST BENGAL AND ORS.

WPA/25741/2025 · 2026-01-29

Om Narayan Rai

body2025

Judgment text

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N.22Sl 151/CL 29.01.26 Sl-780 Ct.551 (S.R.) WPA 25741 of 2025 Najma Roy v. The State of West Bengal & Ors. Mr. Mrinal Kanti Ghosh Ms. Bipasha Bhattacharyya … for the petitioner. Mr. Joydip Banerjee Md. Nauroz Rahber … for the State. Mr. Chandra Nath Sarkar … for the respondent no.10. Mr. Amalendu Bikash Dutta … for the respondent nos.12 & 13. 1. This writ petition has been filed alleging inaction on the part of the Sub-divisional Officer and Sub- divisional Magistrate, Baruipur i.e. the respondent no.6 in taking steps against the alleged encroachers of the government land. 2. On the last occasion, i.e. on January 15, 2026 when the matter was taken up, this Court was apprised that an inspection was scheduled to be conducted on January 19, 2026. 3. Learned advocate appearing for the respondent State Authorities hands up to Court a copy of a letter dated January 27, 2026 written by the Block Land & Land Reforms Officer, Sonarpur, South 24- Parganas to the Sub-divisional Officer, Baruipur South 24-Parganas and submits that on January 19, 2026 an inspection had been conducted by the Revenue Inspector in presence of the petitioner and the private respondents, however, demarcation could not be done since the LA Map was not there. 4. It is, therefore, evident that steps towards initiation of proceedings under Section 3 of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (hereafter the ‘said Act of 1962’) by the Sub-divisional officer, Baruipur have already been taken in terms of the order dated January 8, 2025 passed in WPA 18703 of 2021. 5. In such view of the matter, there is no need to keep this writ petition pending. The Sub-divisional Officer i.e. the respondent no.6 shall ensure that if the proceedings are initiated under Section 3 of the said Act of 1961, the same are taken to their logical conclusion in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of communication of this order, upon affording an opportunity of hearing to all interested parties, including the petitioner and the private respondents herein. 6. With the aforesaid observations, WPA 25741 of 2025 stands disposed of. 7. There shall, however, be no order as to costs. 8. Urgent certified photocopy of this order, if applied 2 for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 3