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Calcutta High Court · body

2026 DAILYLAW 28721 (CAL)

HAFIJUL ISLAM v. STATE OF WEST BENGAL AND ORS.

WPA/14969/2026 · 2026-07-14

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 Item No.25 Ct. No. 19 RP WPA/14969/2026 HAFIJUL ISLAM VS STATE OF WEST BENGAL AND ORS Mr. Hamidur Rahaman Mr. Parvej Islam …For Petitioner Mr. Sujit Bhunia …For State 1. The writ petitioner and the respondent State are represented by their respective counsel. 2. At the time of hearing the learned advocate appearing for the petitioner files affidavit-of-service, which is taken on record. 3. None appears on behalf of the private respondent despite service. 4. By filing this instant writ petition the writ petitioner has prayed for issuance of appropriate writ or writs against the respondent authorities, more specifically the respondent no.3 authority, commanding him to take appropriate steps for removal of unauthorized encroachment as 2 allegedly made by the private respondents. 5. The learned advocate for writ petitioner states that the writ petitioner is the owner of 0.03 decimal of land in plot no.187/5451 in Mouza-Godhanpara under P.S. Raninagar, District- Murshidabad. 6. The grievance of the writ petitioner is that the private respondents have made an illegal construction encroaching the PWD land just beside the land of the writ petitioner, as a result whereof the writ petitioner is facing immense hardship in getting access to his property. 7. It is further submitted that the writ petitioner submitted a representation dated 12.06.2026 with the respondent authorities requesting him to take appropriate step for removal of encroachment as made by the private respondents but no steps have been 3 taken by them till date. He, therefore, prays that appropriate relief or reliefs may be granted to the writ petitioner. 8. The learned advocate appearing on behalf of the respondent State in his usual fairness submits that the respondent no.3 may be directed to consider the representation dated 12.06.2026 as submitted by the writ petitioner in accordance with law. 9. Such being the position, this Court directs the respondent no.5 authority to cause a field verification after giving prior notice to the writ petitioner and the private respondent and shall submit a demarcation report with the respondent no.3 authority within thirty (30) working days from the date of communication of a server copy of this order, if not done in the meantime. 10. The respondent no.3 authority on receipt of the demarcation report from the respondent no.5 authority shall 4 cause service of notice upon the petitioner and the private respondents. The respondent no.3 is further directed to consider the representation dated 12.06.2026 as submitted by the writ petitioner in accordance with law and in the light of the demarcation report as would be submitted by the respondent no.5 authority and after giving due chance of hearing to the writ petitioner and the private respondents and/or their authorized representatives, shall pass a reasoned order and shall forthwith communicate the same both to the writ petitioner and the private respondents. 11. The entire exercise as indicated in the foregoing paragraphs is to be completed within 45 working days from the date of receipt of the report from the respondent no.5 authority. 12. The time limit as fixed by this Court is peremptory and mandatory. 5 13. The learned advocate-on-record of the writ petitioner is directed to communicate the server copy of this order to the respondent nos.3 and 5 authority, who are directed to act on the basis of the server copy of this order. 14. It is further directed that in the event the respondent no.3 authority while passing the reasoned order finds sufficient justification in the representation of the writ petitioner he is directed to take all consequential action forthwith. 15. With the aforementioned observations the instant writ petition is disposed of. 16. Before parting with, it is made clear that while disposing the writ petition this Court has not gone into the merits of the representation dated 12.06.2026 as submitted by the writ petitioner before the respondent authorities. 6 Thus, all points are kept open for adjudication by the respondent no.3 authority. 17. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities. (PARTHA SARATHI SEN, J.)