SHYAMSUNDAR SAU AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/17602/2025 · 2026-07-14
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28076 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28076 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
14.07.2026 Court No.25 D/L No.12 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
WPA 17602 of 2025
Shyamsundar Sau & Ors. Versus The State of West Bengal & Ors. Mr. Balaram Pandit (VC) Mr. Krishna Deodas …for the Petitioners
Mr. Nikunj Berlia …for the State
Mr. Sahjahan Ali …for the Private Respondent
1. Affidavit of service filed in Court today is taken on record. 2. The grievance of the petitioners in the present writ application that the petitioners are the recorded owner of the property being plot No. 961 under the Mouza- Alangiri, J.L. No. 48, on Alangiri Kasbagola State Way, near Kumorpara More, at Village- Alangiri. The adjacent plot of the petitioners belongs to the PWD, Government of West Bengal. It is allegation of the petitioners that the private respondents have encroached the PWD land and started making construction, due to which the egress and ingress of the petitioners is getting affected. The petitioners have made a complaint to the respondent No.4 for taking appropriate action against the private respondents for eviction of the private respondents from the PWD land but in spite of the receipt of the representation filed by
2 the petitioners, the respondent authorities have failed to consider the same. 3. Learned counsel appearing for the private respondents submits that the private respondents have not encroached any Government landed property. The private respondents are the owner of the plot Nos. 962 and 963. They have made construction over the said property and not in the Government land. He has handed over the order passed by the Coordinate Bench of this Court in WPA 9971 of 2026 dated May 15, 2026 and submits that initially also the petitioners have filed the writ petition but the same was withdrawn knowing that the private respondents are not making any construction over the Government land. 4. Learned counsel for the State submits that if this Court pass appropriate order upon the authorities, the authorities will consider and dispose of the representation of the petitioners as early as possible. 5. Considering the submission made by the learned counsel for the respective parties, this Court finds that the complaint made by the petitioners is pending before the respondent No. 4.
Accordingly, the respondent No.4 is directed to consider the representation submitted by the petitioner dated July 20, 2025 after giving an opportunity of hearing to the petitioners as well as the private respondents and after demarcation of the land in question, pass a reasoned and speaking order within a period of six weeks from the date of receipt of this order. 3
6. It is made clear that if the authorities find that the private respondents are the occupation in the Government land and has made any construction over the Government land, the authorities shall take appropriate steps in accordance with law. 7. Accordingly, WPA 17602 of 2025 stands disposed of. 8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)