27.07.2026 ML.57 Ct No. 3 tkm WPA 11375 of 2026 Jyotsnakana Sarkar & Ors. Vs State of West Bengal & Ors. Mr. Ivan Roy Mr. D Bandhu Mr. Nirupam Dutta … for the petitioners Mr. Sukanta Ghosh Mr. Arghya Chatterjee …for the State 1. On June 11, 2026, this Court considering the case made out by the petitioners was pleased to pass the following order : “The affidavit-of-service filed in Court today is taken on record. Despite service, the municipality is not represented. The petitioners claim to be the owner in respect of piece and parcel of land admeasuring 0.3300 acers lying and situate at Mouza-Darka, L.R. Dag No. 2510 and 2511, J.L. No. 105, LR Khatian No. 2449 and 2451, Dakshin Dinajpur, P.S. Balurghat within Balurghat Municipality. According to the petitioners, the municipal authorities without any authority from the petitioners have started developing the aforesaid property of the petitioners with the intent to set up a park. Although, a representation has been made by the petitioners with the municipal authorities, no steps have been taken by the municipality. On the contrary, the learned advocate representing the petitioners would submit that immediately after receiving of such representation dated 9th April, 2026, the municipal authorities have in fact expedited the process of development. In support of his aforesaid case and ownership, the petitioners have drawn attention of this Court the revenue receipts and the record of rights. Having heard the learned advocate for the petitioners and considering the prima facie case made out, I am of the view that the petitioners are entitled protection for the time being. Accordingly, there shall be 2 an interim order of injunction restraining the municipal authorities from proceedings further with the development of the park and/or carrying out any construction and/or changing the nature and character of the property noted above. The petitioners are also restrained from dealing with and/or disposing of the same in any manner whatsoever till the matter is taken up next. The interim order passed herein shall continue up to the end of August, 2026 or until further order whichever is earlier. List this matter in combined monthly list of July, 2026.” 2. Pursuant to above order fresh affidavit of service filed by the petitioners is taken on record. 3. Despite service, municipality is not represented. 4. In view of the above, and since, there is no opposition, interim order passed on June 11, 2026 against the municipality, is made absolute. 5. The present writ petition is accordingly disposed of. (Raja Basu Chowdhury, J.)