1 WPA 19325 OF 2026 A.Roy, J. Form J(2) Sl.No.5 Sc In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 19325 OF 2026 Meherjan Bibi & Ors. Vs. The State of West Bengal & Ors. For the Petitioners : Mr. Raghunath Chakraborty, Adv. Mr. Supratick Shyamal, Adv. Ms. Sabnam Sultana, Adv. Mr. Saikat Thakurata, Adv. Mr. Rahul Singh, Adv. For the Respondents : None appears. Heard on : July 31, 2026 Judgment on : July 31, 2026 [In Court] Aniruddha Roy, J. : Facts : 1. Upon urgency being shown since there has been an alleged threat of demolition of the alleged dwelling house of the petitioners and since the regular determination has been assigned before this Bench, upon the 2 WPA 19325 OF 2026 A.Roy, J. matter being mentioned yesterday, the same has been directed to appear in the list today. The matter accordingly has been appearing in the list today fairly at the top and has been taken up for consideration after being satisfied with the urgency involved therein. 2. Affidavit-of-service, filed in Court today, is taken on record. 3. The affidavit-of-service shows that, despite notice being served at the office of the learned Government Pleader, none appears for the State respondents to oppose this writ petition. 4. Referring to Annexure-P2 at pages 30 to 39 Mr. Raghunath Chakraborty, learned Advocate appearing for the petitioners submits that, the Section Officer, Kalinagar Irrigation Section has issued the said bunch of notices upon the petitioners asking the petitioners to immediately stop the alleged construction work at Monoharpur mouja on a particular dam. The notice further suggests that, the construction on a Government land is illegal and the nature of construction and its situation is such that, it might obstruct the free flowing of water during the heavy monsoon resulting in an immediate flood at the locale leading to a severe and irreparable loss to the residents of the locale at large. 5. On perusal of the said notices it appears to this Court that, the same do not whisper about under what provision of law the same had been issued. The same do not say if any remedy is available to the petitioners against such notices. The notices also do not show that, any opportunity of hearing was granted to the petitioners. 3 WPA 19325 OF 2026 A.Roy, J. 6. After considering the submissions made on behalf of the petitioners and on perusal of the materials on record it also appears to this Court that, if any illegal structure is there, as it is alleged in the notices, which might cause an irreparable hardship and loss to the people at large at the locale resisting the water flow towards the river or the water body then, if the alleged constructions are there in violation of any law or without any sanction of law, steps have to be taken with regard to the same by the State authority. 7. 7. In view of the above, the following directions are passed : a) The respondent no.6 upon issuing a prior three days’ notice to the petitioners and the Prodhan of the concerned Panchayat by delegating a responsible, experienced and appropriate officer of his office shall forthwith cause a physical inspection of the alleged constructions and shall prepare a report; b) The report shall be provided to the petitioners and the Prodhan of the concerned Panchayat within three days from the date of such inspection; c) The respondent no.6 then on the basis of the said report upon issuing a prior notice of three days to the petitioners and the Prodhan of the concerned Panchayat shall give an opportunity of hearing to them in the light of the existing relevant records and materials required to assess the correct situation and then shall pass a reasoned order in accordance with law; 4 WPA 19325 OF 2026 A.Roy, J. d) Such exercise shall be carried out by the respondent no.6 positively within two weeks from the date of receiving the said inspection report; e) The reasoned order then shall be communicated to the petitioners and the Prodhan of the concerned Panchayat positively within two working days from the date of the said reasoned order to be passed; f) In the event, the reasoned order confirms the unauthorized/illegal or any illegal construction or that if the constructions are found to be against the safety and security of the people at the locale as contended in the said impugned notices which might cause irreparable loss by resisting the free flowing of water, then the respondent no.6 and/or any other appropriate authority shall forthwith take necessary steps for removal and demolition of such constructions without taking any chance of loss or prejudice that can be suffered by the residents at the locate but positively within a week from the date of the said reasoned order to be passed. g) In the event, any assistance is required from the local and jurisdictional police authority in this regard, the respondent no.6 shall be free to take such assistance and the local/jurisdictional police authority shall provide all such assistance forthwith without any delay. 5 WPA 19325 OF 2026 A.Roy, J. 8. In view of the above, the notices being Annexure-P2 at pages 30 to 39 of the writ petition stand set aside and quashed. 9. Since the affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 10. With the above observations and directions this writ petition, WPA 19325 of 2026 stands disposed of without any order as to costs. 11. Parties shall act on the server copy of this order duly downloaded from the official website of this Court. 12. Photostat certified copy of this order, if applied for, be furnished to the parties on usual undertaking. (Aniruddha Roy, J.)