D/L- 67 24/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 1127 of 2026 Amrit Thapa Vs. The State of West Bengal & Ors. Mr. Nabankur Paul Ms. Sutapa Sen Paul Mr. Bodhisatya Ghosh ….for the petitioner Mr. Kunaljit Bhattacharjee, AGP, Mr. Bibek Tarafder ….for the State Mr. Arnab Sengupta Mr. Riju Dey ….for the respondent nos.9 & 10 Mr. Dhiraj Lakhotia Ms. Radhika Agarwal Ms. Khushi Kundu Ms. Nikita Kundu Ms. Neha Lama ….for the respondent nos.11 & 12 Affidavit of service filed in Court is taken on record. On the payer of the learned advocate for the petitioner, leave is granted to the learned advocate on record to correct the cause title in the writ petition here and now. The petitioner alleges that the private respondents have raised unauthorised construction upon the Darjeeling Improvement (DI) Fund land in the Matigara Hat area. 2 Mr. Paul, learned advocate appearing for the petitioner submits that in spite of the fact that the petitioner has lodged the complaint by a letter dated June 30, 2026 before various authorities including the Block Development Officer, no effective steps have been taken by such authority till date. The learned advocate appearing for the private respondent nos.9 and 10 submits that they are in lawful occupation of the Darjeeling Improvement (DI) Fund land. He submits that the construction made by the petitioner is in accordance with law and no unauthorised construction has been made by the private respondents in Matigara Hat area. Mr. Bhattacharjee, learned Additional Government Pleader submits that the Additional District Magistrate has requested the Block Development Officer and Executive Officer of the Panchayat Samity, Matigara Development Block to cause an enquiry into the alleged construction made by the private respondents and to submit a report before the Additional District Magistrate. Since a complaint regarding unauthorised construction upon the Darjeeling Improvement (DI) Fund land has been made, this Court is of the considered view that the authority should take steps in accordance with law. 3 Without entering into the merits of the claim made by the petitioner in the representation dated June 30, 2026, WPA 1127 of 2026 stands disposed of by directing the Block Development Officer and Executive Officer of the Panchayat Samity, Matigara Development Block, being the respondent no.6 to cause an inspection of the disputed plot and to decide the issue raised in the representation dated June 30, 2026 by passing a reasoned order after affording an opportunity of hearing to the petitioner, the private respondents and any other person, who may be affected by such decision or their authorised representatives and communicate the reasoned order to the petitioner and the private respondents immediately thereafter. The entire exercise shall be completed by the said respondent as expeditiously as possible but positively within a period of 6 weeks from the receipt of a server copy of this order together with a copy of the representation dated June 30, 2026. It is, however, made clear that it would be open to the petitioner and the private respondents to produce the relevant materials in support of their claim and counter-claim at the time of hearing and the said respondent shall consider the same while passing the reasoned order. There will be no order as to costs. 4 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)