09.01.2025 Item No.2 PG/KS Ct. No.1 W.P.A.(P) 424 of 2024 With I.A. No. CAN 1 of 2024 Ajut Ali Sk. & Anr. Versus The State of West Bengal & ors. Mr. Tarun Kanti Halder………for the petitioners Mr. Jahar Lal De Ms. Debarati Sen (Bose)……..for the State Mr. Tapash Kr. Mondal……..for the South 24-Parganas Zilla Parishad Mr. Pankaj Halder Mr. Tapas Manna Mr. Subodh Ranjan Ray Mr.Neelabha Bera…………….for the respondent no. 8 1. This writ petition has been filed as a public interest litigation alleging that the 8th respondent has encroached into a land belonging to the Zilla Parishad in LR Plot No. 1018 being R.S. Plot No.- 953 under Mouza-Mallikpur under Police Station/Block- Mandirbazar. In this regard a mass petition was given to the Sub-Divisional Officer, Diamond Harbour Irrigation and Waterways Department being the 5th respondent. 2. The learned advocate for the 8th respondent has filed an application in I.A. No. CAN 1 of 2024 alleging that signature of one person in the mass petition is fictitious as he has passed away long back. 2 3. The learned advocate appearing for the Zilla Parishad on written instructions submitted that the LR Plot No. 1018 being R.S. Plot No.- 953 under Mouza-Mallikpur is a land belonging to the Zilla Parishad and recorded so in the revenue records. 4. The 8th respondent alleges that that the petitioners are also encroachers and in this regard to earlier writ petitions were filed where directions were issued to the District Magistrate, who has conducted an inquiry and passed a reasoned order directing demolition of the structure over LR Plot No. 1016 under Mouza- Mallikpur. In this writ petition, we are not concerned about the said property but the property in question i.e. LR Plot No. 1018 being R.S. Plot No.- 953 is the property, which, admittedly, belongs to the Zilla Parishad. 5. The learned advocate for the 8th respondent submitted that his client has not entered into any land of the Zilla Parishad. 6. Considering these disputed questions of fact, no positive direction can be given at this stage and all that can be done is to direct the Sub-Divisional Officer, Diamond Harbour to conduct an inspection of the property in question viz. LR Plot No. 1018 being R.S. Plot No.- 953 under Mouza-Mallikpur, under Police Station/Block- Mandirbazar after notice to the writ petitioners and the 8th respondent and all other 3 persons, who may be interested in the matter and after conducting an inspection, a reasoned order be passed on merits and in accordance with law. 7. The petitioners are directed to appear before the Sub- Divisional Officer, Diamond Harbour and produce the copy of the representation along with the copy of this order to facilitate compliance of the above directions. 8. The above directions be complied with within twelve weeks from the date on which the petitioners submit their representation in the office of the Sub-Divisional Officer, Diamond Harbour. 9. With the aforesaid directions, the writ petition and the connected application are disposed of. 10. No costs. 11. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)