D/L 45 23.04.2025 Court No.02 PRADIP CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE WPA 732 of 2025 Kripanath Sarkar Vs. The State of West Bengal & Ors. Mr. Sufi Kamal … for the Petitioner. Mr. Momenur Rahman Mr. Bikash Singha …for the State. 1. None appears on behalf of the private respondents. 2. Affidavit of service filed in Court today is taken on record. 3. Report filed by the I/C Dhupguri Police Station signed on 8th April, 2025 is taken on record. 4. Instruction dated 7th April, 2025 forwarded by the Assistant Engineer, Dhupguri Highway Sub Division be retained with the records. 5. The petitioner alleges that the private respondents have made construction by encroaching upon the government land. Complaints lodged against such illegal encroachment have not been considered by the authorities. 6. The Assistant Engineer, Dhupguri Highway Sub Division P.W. (Roads) Directorate has forwarded a report wherefrom it appears that the record of rights in respect of the subject land stands in the name of the Gram Panchayat. 7. On a perusal of the cause title of the writ petition it appears that, neither the Gram Panchayat nor its 2 Pradhan, have not been impleaded as party respondent in the instant writ petition. 8. Accordingly, the Assistant Engineer, Dhupguri Highway Sub Division is directed to intimate the matter to the Pradhan of the concerned Gram Panchayat. 9. The Pradhan is directed to take all necessary steps in accordance with law to protect its own land from being encroached upon by the private respondents. Public land is required to be protected from encroachment by the private parties. 10. It will be open for the Panchayat to cause a spot inspection upon prior notice to all the necessary parties for ascertaining as to whether the land of the Panchayat is actually encroached upon by the private respondents or not. If it appears that the panchayat land has been encroached upon by the private parties, then necessary steps for removal of the encroachment shall be taken in accordance with law. 11. The Panchayat may take the assistance of the concerned Block Land and Land Reforms Officer for the purpose of identification of the subject land. 12. Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. 13. It also appears from the averments made in the writ petition that there is a civil dispute in between the co- sharers in respect of the subject land. It will be open for the parties to approach the competent Civil Court for remedy, if so advised. 14. The writ petition stands disposed of. 3 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)