24.07.2026 Item No.51 Ct. No. 19 RP WPA/7493/2025 ACHINTYA BARMAN VS STATE OF WEST BENGAL AND ORS. Mr. Rahul Agarwalla Mr. Golam Zaky …For Petitioner Ms. Jayita Dhar Chakraborty Mr. Joy Ranjan Dhar Mr. Rhitam Chatterjee …For State Mr. S.T. Mina Mr. Pritam Sardar …For Private Respondent No.6 1. Parties are represented by their respective counsel. 2. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ or writs against the respondent authorities, more specifically against the respondent no.3 authority, commanding him to take appropriate action for removal of encroachment as allegedly made by the private respondent over the government land, being plot no.112 in Mouza- Chakgopal, under P.S.-Kumargram, District-Dakshin Dinajpur. 2 3. At the time of hearing the learned advocate appearing on behalf of the writ petitioner submits before this Court that from Annexure P1 of the instant writ petition it would reveal that the government has decided to set up an Anganwadi Centre in LR Plot No.112, which is a vested land and recorded in Khatian No.1. It is submitted that it is the further case of the writ petitioner that the private respondent has illegally encroached a portion of the said vested land and constructed a building in such a fashion, as a result whereof the writ petitioner is facing difficulty to get easy egress and ingress to his own property, which is situated adjacent to the said government land. It is submitted that despite submission of representation no action has been taken by the respondent authorities. It is, thus, submitted that appropriate relief or reliefs be granted to the writ 3 petitioner in terms of the prayers made in the writ petition. 4. Per contra, learned advocate appearing on behalf of the private respondent has handed over some papers in Court today, which are taken on record. It is submitted that from the print out of the relevant plot no.112 it would reveal that the entire LR Plot No.112 is not a vested land and the present writ petitioner’s wife is the owner of 04 decimal of land in the said LR Plot No.112 and in the selfsame plot of land after obtaining a favourable order of conversion from the jurisdictional BL & LRO the private respondent has constructed a house after obtaining permission from the local authority. It is, thus, submitted on behalf of the private respondent that the allegation as made out in the instant writ petition is contrary to the truth and, thus, the 4 present writ petitioner is not entitled to any relief as prayed for. 5. Ms. Dhar Chakraborty, learned advocate appearing on behalf of the respondent/State in her usual fairness submits before this Court that the jurisdictional SDO/respondent no.3 authority may be directed to consider the representation of the present writ petitioner in accordance with law. 6. In view of such, this Court while disposing the instant writ petition directs the jurisdictional BL& LRO to make a field verification at the disputed plot of land after giving a prior notice to the writ petitioner and the private respondent and shall submit a demarcation report with the respondent no.3 authority positively within thirty (30) working days from the date of communication of the server copy of this order and in turn, the respondent no.3 authority on receipt of such 5 demarcation report shall cause service of notice upon the writ petitioner and the private respondent and shall provide them copy of the demarcation report as would be submitted by the jurisdictional BL & LRO to him and shall consider the copy of the instant writ petition as a representation of the writ petitioner and shall after giving due chance of hearing both to the writ petitioner and the private respondent and/or their authorized representative(s) shall pass a reasoned order in accordance with law and shall forthwith communicate the same both to the writ petitioner and the private respondent. 7. The entire exercise, as indicated in the aforementioned paragraph, shall have to be completed by the respondent no.3 authority within forty-five (45) working days from the date of communication of the server copy of this order together 6 with a copy of the instant writ petition to him. 8. The time limits as fixed by this Court are peremptory and mandatory. 9. It is further directed that in the event while passing the reasoned order the respondent no.3 finds sufficient merits in the representation of the writ petitioner, he is directed to take appropriate action in terms of Section 3 and 4 of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 forthwith. 10. It is further made clear that while disposing the instant writ petition, this Court has not gone into the merits of the instant writ petition and/or representation as submitted by the writ petitioner and, thus, all points are kept open for adjudication by the respondent no.3 authority. 11. Liberty is given to the learned advocate-on-record of the petitioner to 7 communicate the server copy of today’s order to the respondent no.3 authority as well as to the jurisdictional BL & LRO, who are directed to act on the basis of the server copy of the order. 12. Since no affidavits have been called for, the allegations made in the instant writ petition are deemed to have been denied. 13. With the aforementioned observations, this writ petition is disposed of. 14. 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.)