D/L- 10 28/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 1347 of 2026 Kamal Hasan & Ors. Vs. The State of West Bengal & Ors. Mr. Arnab Saha Md. Shoaib Akhtar ….for the petitioners Mr. Kunaljit Bhattacharjee, AGP, Ms. Esha Acharya ….for the State Affidavit of service filed in Court is taken on record. The learned advocate appearing for the petitioners submits that the private respondents and the Panchayat Authority have been duly served. However, none appears for the private respondents and the Panchayat Authority. State is, however, represented by Mr. Bhattacharjee, learned Additional Government Pleader. Petitioners claim to be the owner of a plot of land. The grievance of the petitioners is that adjoining the plot of the petitioner there is a public land and the private respondents have raised unauthorised constructions by encroaching upon the public land thereby creating obstruction to the ingress and egress of the petitioner from their property to the main road. 2 Petitioners submitted a representation dated May 21, 2026 before various authorities including the Sub-Divisional Officer, Sadar Jalpaiguri, SDO Office, Jalpaiguri requesting the said authority to remove the encroachment from the public land. Since an allegation of encroachment upon the public land has been made, it is the duty of the respondent authority to take steps in accordance with law. Without entering into the merits of the claim made by the petitioners in the representation dated May 21, 2026, WPA 1347 of 2026 stands disposed of by directing the Sub-Divisional Officer, Sadar Jalpaiguri, SDO Office, Jalpaiguri, being the respondent no.6 to consider the representation of the petitioner dated May 21, 2026 and after causing necessary inspection and demarcation of the disputed plot by engaging competent Amins/Surveyors upon prior service of notice to the petitioners, the private respondents and any other person, who may affected by such demarcation and upon such demarcation, if it is found that the public land or any portion thereof has been encroached upon, appropriate proceeding in accordance with the relevant statute shall be initiated and the entire exercise shall completed by the said respondent as expeditiously as possible but positively within a period of 10 weeks from the receipt of a server 3 copy of this order together with a copy of the representation dated May 21, 2026. If the said respondent authority arrives at a conclusion that there has been no encroachment upon the public land, such decision shall also be communicated to the petitioner and others within the time limit indicated hereinbefore. If, however, the said respondent authority is of the view that the issue relating to encroachment of alleged demarcation do not fall within its jurisdiction, such decision shall also be communicated to the petitioner within the time limit mentioned hereinbefore and in that event it will be open to the petitioners to work out their remedies in accordance with law. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)