13.08.2026 Item No.5 Ct. No.19 KS W.P.A. 21259 of 2026 Sunil Kumar Agarwal Vs. The State of West Bengal & Ors. Mr. Talay Masood Siddiqui, Sr. Adv. Mr. Nilanjan Pal Mr. Arpan Guha Mrs. A. Banerjee …..For the Petitioner 1. Parties are represented through their respective learned counsel. 2. The subject-matter of challenge in the instant writ petition is the Memo dated 03.08.2026 as issued by the jurisdictional S.D.O. i.e. the respondent no.6 authority, a copy of which has been annexed at Page No.119 of the instant writ petition. 3. At the time of hearing, Mr. Siddiqui, learned senior advocate for the writ petitioners submits before this Court that the impugned Memo has been issued without issuing a notice to show cause in contravention of the provisions of Section 3 of the Act of 1962, which is required to be quashed by issuing appropriate Writ/Writs. 4. Such prayer is vehemently opposed by the learned advocate for the respondent-State. 5. It is argued that the impugned Memo was issued in terms of the provision of Section 3 and Section 4 of the Public Land (Eviction of Unauthorized Occupants) Act, 1962 (for short, “Act of 1962”). 2 6. On careful perusal of the entire materials, as placed before this Court and after hearing the learned advocates for the contending parties, this Court passes the following directions:- (i) The impugned Memo dated 03.08.2026, as passed by the respondent no.6 authority stands hereby quashed, in the event, complete demolition does not take effect in terms of the impugned order dated 03.08.2026, in the meantime. (ii) Liberty is given to the respondent no.6 authority to serve a fresh show-cause notice upon the writ petitioner within 15 working days from today and on receipt of the same, the writ petitioner shall submit a comprehensive representation alongwith copies of all documents within 15 working days from the receipt of show-cause notice, which would be treated by the respondent no.6 authority as a reply to the notice to show-cause. (iii) The respondent no.6 authority is directed to give a chance of hearing to the writ petitioners and/or their authorized representative and thereafter he shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners. (iv) The entire exercise, as indicated hereinabove, shall have to be completed by the respondent no.6 authority positively within 45 working days from the date of submission of representation by the writ petitioners. (v) It is, however, made clear that in the event the writ petitioners fail to submit their representation within the time limit, as fixed by this Court, the respondent no.6 authority is 3 permitted to take appropriate action in terms of the impugned Memo dated 03.08.2026. 7. It is further made clear that in the event while passing the reasoned order, the respondent no.6 authority finds no merit in the representation of the writ petitioners, as would be submitted in terms of this Court’s order, he is at liberty to take all consequential action forthwith. 8. With the aforementioned observation, writ petition is disposed of. 9. Since, affidavits have not been called for, the allegations made in the instant writ petition, are deemed to have been denied. 10. Liberty is given to the learned advocate on record for the writ petitioners to communicate the server copy of this order to the respondent no.6, who is directed to act on the server copy of this order. 11. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (PARTHA SARATHI SEN, J.)