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2025 DAILYLAW 3450 (CAL)

GOLOK MOHAN GIRI AND ORS v. STATE OF WEST BENGAL AND ORS.

MAT/278/2025 · 2026-08-25

Sabyasachi Bhattacharyya, Sandip Kumar De

body2025

Judgment text

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Form No. J(2) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Sandip Kumar De MAT 278 of 2025 IA No: CAN 1 of 2026 CAN 2 of 2026 CAN 3 of 2026 Sri Golok Mohan Giri and others Vs. The State of West Bengal and others For the respondent no.8 : Mr. Debasish Kundu, Mr. Sayan Mukherjee Heard on : 25.08.2026 Judgment on : 25.08.2026 Sabyasachi Bhattacharyya, J.:- 1. None appears for the appellants at the time of call. The writ petitioner/respondent no.8 is represented through counsel. 2. It appears from the records that in paragraph no.15 of the judgment and order impugned dated 27th November, 2024, the learned Single Judge was pleased to record as under: “Therefore, the purpose of justice would be sub-served, if the Sub-Divisional Officer, Etamogra Irrigation Sub-Division (I & WD), Etamogra, Purba Medinipur is directed to take appropriate steps against the Private Respondent Nos. 8 to 10 after affording proper opportunity of the hearing to them as well as 2 necessary parties strictly in accordance with law within eight weeks from the date of communication of this Judgment and Order keeping in mind the pendency of the Title Suit No. 16 of 2021 in view of the notices dated 28.08.2023 and 31.08.2023 issued under West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. So, that illegal construction made in Jola and Doba land comprising Dag No. 1320 and 1321 under Mouza - Boga, under P.S. - Khejuri, District – Purba Medinipur belongs to Irrigation Department, Government of West Bengal shall be removed and/or demolished.” 3. Learned counsel for the writ petitioner/respondent no.8 hands over a copy of a reasoned order passed by the Sub-Divisional Officer, Etamogra Irrigation Sub-Division, Etamogra, Purba Medinipur dated April 08, 2026, from which it transpires that an opportunity of hearing was afforded to the parties and pursuant thereto, a reasoned order was passed. 4. Learned counsel for the writ petitioner/respondent no.8 further hands over a copy of a compliance report issued by the Sub-Divisional Officer, Etamogra Irrigation Sub-Division dated June 24, 2026, wherefrom it appears that pursuant to the order dated April 08, 2026, the unauthorized structures erected on the concerned Government land were removed and the possession of the land has been restored to the Government. After eviction, proper demarcation of the plot was done and Government sign board has been installed at the site to prevent future encroachment. 3 5. Learned counsel for the writ petitioner/respondent no.8 submits that in view of the aforesaid fact-situation, the appeal has become infructuous. 6. In the circumstances, considering the materials on record, the appeal being MAT 278 of 2025 with the connected applications, being CAN 1 of 2026, CAN 2 of 2026 and CAN 3 of 2026, are dismissed as infructuous. 7. Interim order, if any, stands vacated. 8. The letters and the orders submitted before this Court today by the writ petitioner/respondent no.8 be kept on record. 9. There will be no order as to costs. 10. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) I agree. (Sandip Kumar De, J.) AD-08 TN