D/L 45 25.07.2025 Court No.14 PRADIP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 16116 of 2025 Rakibul Alam Mirza Vs. The State of West Bengal & Ors. Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Ms. Poulomi Chakraborty Mr. Saikat Gayen … for the Petitioner. Mr. Biswabrata Basu Mallick, Ld. AGP Mr. Shamim-ul-Bari …for the State. 1. Affidavit of service filed in Court today is taken on record. 2. The matter relates to issuance of EWS certificate in favour of the petitioner. 3. According to the authority, the father of the petitioner owns land which is classified as ‘shali’ in the record of rights but the same is used as ‘bastu’. By virtue of owning the aforesaid land the petitioner will not be entitled to receive EWS certificate. 4. Learned advocate representing the petitioner relies upon the record of rights of the subject plot of land to suggest that the land is classified as ‘shali’. 5. It has been submitted that if the petitioner is wrongly using the ‘shali’ land for ‘bastu’ purpose, the respondent authority can always take steps against the petitioner in accordance with law. 6. From the submission made on behalf of the parties it appears that the petitioner has been found ineligible for 2 issuance of EWS certificate on the ground that the father of the petitioner owns certain plot of land which is used as ‘bastu’. 7. The record of rights are published and maintained by the State for ascertaining the nature of land possessed by a person. In the instant case, the father of the petitioner owns land which is classified as ‘shali’. Practically the subject plot of land may be used as ‘bastu’ but the same does not change the classification of the land. 8. The authority stresses on the fact that as the land is used by raising construction, accordingly, the same has to be treated as bastu. 9. The aforesaid contention of the authority cannot be accepted by the Court. Till the authority permits the petitioner to convert the classification of the subject land the same has to be treated in the manner as reflected in the record of rights. 10. The land of the father of the petitioner has to be treated as shali and thereafter if the petitioner qualifies for issuance of EWS certificate, then the same shall be issued prior to the date of counselling of NEET Examination, that is, 30th July, 2025. 11. The writ petition stands disposed of. 12. All parties are directed to act on the basis of the server copy of this order, duly downloaded from the official website of this Court. 13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)