Ct.No.19 D/L 20.07.2026 17 Saikat Mukherjee WPA/15475/2026 ABDUL MOTALEB GAZI VS. THE STATE OF WEST BENGAL AND ORS. Mr. Aniruddha Tewari, Adv. …For the Writ Petitioner Mr. Goutam Misra, Adv. Ms. Madhurima Basu, Adv. …For the Respondent-State 1. The writ petitioner and Respondent-State are represented by their respective learned counsel. 2. None appears on behalf of the Private Respondent No.6 despite service. It is submitted on behalf of the writ petitioner that apart from postal service the writ petitioner has caused service upon the Respondent No.6 through WhatsApp. To that effect, a printout of screenshot as submitted before this Court is also taken on record. 3. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent-authorities, more specifically against the Respondent No.4 authority, commanding him to remove the encroachment on the government land as has been made by the Private Respondent No.6 in front of the writ petitioner’s property, particulars of which have been mentioned in paragraph-3 of the instant writ petition. 4. It is submitted on behalf of the writ petitioner that from Page Nos.18 to 39 of the instant writ petition being copies of the registered deed of conveyance and relevant record of right it would reveal that the writ petitioner is owner of 248 sq. ft. in L.R. Plot No.2449 in Mouza-Hingalganj, under P.S.- Hingalganj, District-North 24 Parganas. It is submitted that the grievance of the writ petitioner is that on the Southern side of the writ petitioner’s aforementioned property the private respondent has made an unauthorised construction over the government land, as a result whereof, the writ petitioner is facing extreme difficulty to get easy egress and ingress. It is further submitted that in an earlier round of litigation as per direction passed by a co-ordinate Bench of this Court, the jurisdictional Assistant Engineer, P.W.D., Basirhat Sub-Division, informed the writ petitioner orally that such alleged illegal construction is not on the P.W.D. road, however, on a government land. 5. Drawing attention to Page No.45 of the instant writ petition it is submitted that by way of a representation dated 16.01.2026 the writ petitioner approached the respondent authorities to take appropriate steps for removal of the encroachment as mentioned supra and pursuant to that, the jurisdictional B.L.&L.R.O. was directed to take appropriate steps and to submit a report with the jurisdictional D.L.&L.R.O., as would be evident from Page No.58 of the instant writ petition, being a copy of the Memo dated 28.01.2026. It is submitted that since thereafter no action has been taken by the respondent authorities for removal of the encroachment and thus, appropriate relief/reliefs may be granted in terms of prayers made in the instant writ petition 6. Mr. Misra, learned advocate for the Respondent- State, submits before this Court that the jurisdictional B.L.&L.R.O., that is, the Respondent No.5 authority may be directed to submit a demarcation report with the Respondent No.4 authority who may be directed to consider the representation dated 16.01.2026 as submitted by the writ petitioner in accordance with law as well as in the light of the demarcation report as would be submitted by the Respondent No.5 authority. 7. On careful perusal of the entire materials as placed before this Court and after hearing the contending parties, this Court while disposing the instant writ petition directs the Respondent No.5 authority to make a field verification at the disputed plot after giving prior notice to both the writ petitioner and the Private Respondent No.6 and shall submit a demarcation report with the Respondent No.4 authority positively within 30 working days from the date of communication of the server copy of this order. 8. Respondent No.4 authority on receipt of the said demarcation report from the Respondent No.5 authority shall cause service upon the writ petitioner and the Private Respondent No.6 and shall provide copies of the demarcation report as would be submitted by Respondent No.5 authority soon thereafter to the writ petitioner and Private Respondent No.6. 9. It is further directed that the Respondent No.4 authority shall thereafter consider the representation dated 16.01.2026 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 opportunity of hearing both to the writ petitioner and Private Respondent No.6 shall pass a reasoned order and shall forthwith communicate the same both to the writ petitioner and Private Respondent No.6. 10. The entire exercise as indicated in the foregoing paragraphs shall have to be completed by Respondent No.4 authority positively within 45 working days from the date of receipt of the demarcation report from the Respondent No.5 authority. 11. The time limits, as fixed by this Court, are peremptory and mandatory. 12. Liberty is given to the learned advocate-on-record for the writ petitioner to communicate the server copy of this order along with a copy of the Representation dated 16.01.2026 to the Respondent Nos.4 and 5 authorities, who are directed to act on the basis of the server copy of this order. 13. Before parting with, it is further directed that in the event while passing the reasoned order, the Respondent No.4 authority finds sufficient merit in the Representation of the writ petitioner as mentioned supra, he is directed to take all consequential action forthwith in accordance with the provision of sections 3 and 4 of the West Bengal (Eviction of Unauthorised Occupants) Act, 1962 soon thereafter. 14. With the aforementioned observations and directions, the instant writ petition is disposed of. 15. Before parting with, it is, however, made clear that while disposing of the instant petition this Court has not gone into the merits of the representation of the writ petitioner dated 16.01.2026 and thus, all points are kept open for adjudication before the Respondent No.4 authority. 16. Since affidavits have not been called for, the pleadings as made in the instant writ petition are deemed to have been denied. 17. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities. (PARTHA SARATHI SEN, J.)