24.07.2026 Item No.72 Ct. No. 19 RP WPA/16519/2025 SAHAJAN ALI MALLICK & ANR. VS STATE OF WEST BENGAL AND ORS. Mr. Robiul Islam Mr. Shamim ul Bari Mr. Sk. Jayed Hossain Ms. Sumitra Das …For Petitioners Mr. Mukunda Lal Sarkar …For State Mr. Salil Kumar Maiti Ms. Dolan Samanta …For Private Respondent No.10 1. Parties are represented by their respective counsel. 2. By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ or writs against the respondent authorities, more specifically against the respondent no.9 authority, commanding him to dispose of the Appeal No.09 of 2026 as preferred under Section 7 of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (in short “ the Act of 1962”). 2 3. It is submitted on behalf of the writ petitioners that challenging an order under Section 4 of the Act of 1962 as passed on 03.04.2025, a copy of which has been annexed at page nos.35-36 of the instant writ petition, an appeal was preferred before the jurisdictional District Magistrate, which came to be disposed of on 24.06.2026 whereby and whereunder the said jurisdictional District Magistrate affirmed the order of the respondent no.3 authority as passed in a proceeding under Section 3 of the said Act of 1962. It is submitted that soon thereafter the writ petitioners preferred an appeal, being Appeal No.09 of 2026, before the respondent no.9 authority, who is the Divisional Commissioner of the relevant district and the said appeal is still pending. 4. At this juncture, the learned advocate appearing on behalf of the writ petitioners took me to a copy of the 3 memo dated 8.7.2026 as issued by the respondent no.5 authority whereby and whereunder the respondent no.5 authority requested the respondent no.7 authority to provide adequate police assistance for giving effect the order dated 03.04.2025 as passed by the respondent no.3 and the date of eviction has been fixed on 28.07.2026. 5. It is submitted that in the event the said eviction process has been carried out on or after the scheduled day and hour the very purpose of filing the Appeal No.09 of 2026 before the respondent no.9 authority would become infructuous. Thus, it is submitted that in view of such the respondent no.9 may be directed to dispose of the Appeal No.09 of 2026 and till disposal of the said appeal the operation of the order dated 03.04.2025 as passed by the respondent no.3 authority as well as the operation of the 4 memo dated 08.07.2026 as issued by the respondent no.5 authority addressed to the respondent no.7 authority be stayed. 6. The learned advocate for the respondent/State, however, opposes such contention. 7. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court finds sufficient justification in the submission of the learned advocate for the writ petitioners inasmuch as sufficient materials have been placed before this Court that challenging the order dated 03.04.2025 as passed by the respondent no.3 authority vis-à-vis challenging the order dated 24.06.2026 as passed by the respondent no.2 authority the writ petitioners have preferred an appeal before the respondent no.9 authority, which is yet 5 to be disposed of. This Court is in agreement with the submission of the learned advocate for the writ petitioners that in the event the impugned memo dated 08.07.2026 as has been issued by the respondent no.5 authority is given effect to on the scheduled day and hour the very purpose of filing the appeal by the present writ petitioners before the respondent no.9 authority, being Appeal No.09 of 2026 would become infructuous. 8. In view of such, this Court while disposing the instant writ petition directs the respondent no.9 authority to dispose of the said Appeal No.09 of 2026 as preferred by the writ petitioners positively within thirty (30) working days from the communication of the server copy of this order after giving due opportunity of hearing to the appellants of the said appeal and shall pass an appropriate order in such 6 appeal soon thereafter but not later than sixty (60) working days from the date of communication of the order. 9. Till disposal of the Appeal No.09 of 2026 by the respondent no.9 authority, the respondent no.3,5 and 7 authorities are directed not the implement the order dated 03.04.2025 as passed by the respondent no.3 authority and further they shall also not act upon the impugned memo dated 08.07.2026. It is, however, made clear that in the event of dismissal of the Appeal No.09 of 2026 by the respondent no.9 authority, the respondent nos.3, 5 and 7 authorities are at liberty to execute the order dated 03.04.2025 as passed by the respondent no.3 authority soon thereafter. 10. With the aforementioned observations, this writ petition is disposed of. 7 11. Learned advocate for the respondent/State is directed to communicate the server copy of this order to the respondent nos.9,3,5 and 7 authorities forthwith, who are directed to act on the server copy of this order. 12. 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.)