13.08.2026 Item No.4 Ct. No.19 KS W.P.A. 21254 of 2026 M/s Subhayan Enterprises Vs. The State of West Bengal & Ors. Mr. Talay Masood Siddiqui, Sr. Adv. Mr. Nilanjan Pal Mr. Arpan Guha Mrs. A. Banerjee …..For the Petitioners Mr. Shiv Shankar Banerjee Mr. Jatinder Singh Dhatt ……For the State 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.104 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 on perusal of Page No.103 of the writ petition it would reveal that the respondent no.6 authority issued a purported show-cause notice on 13.07.2026, which was pasted on the property of the writ petitioner, particulars of which has been mentioned in Paragraph - 3 of the instant writ petition. 4. It is further submitted by Mr. Siddiqui that in the said show-cause notice, the name of the writ petitioners and the description of the property have not been properly mentioned. 2 5. It is further argued by Mr. Siddiqui that in the said purported notice, an opportunity was allegedly given for giving reply to the show-cause but due to acute shortage of time, no reply could be given by the writ petitioner. 6. It is, thus, submitted that taking advantage of such situation, the respondent no.6 authority most unilaterally issued the impugned Memo of Demolition dated 03.08.2026, which is required to be quashed by issuing appropriate Writ/Writs. 7. Such prayer is vehemently opposed by the learned advocate for the respondent-State. 8. 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”). 9. 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 writ petitioner to submit a comprehensive representation alongwith copies of all documents with the respondent no.6 authority within 15 working days from today. (iii) The said representation of the writ petitioner would be considered by the respondent no.6 authority as a reply to the show-cause notice 3 dated 13.07.2026, a copy of which has been annexed at Page No.103. (iv) 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 petitioner. (v) 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. (vi) It is, however, made clear that in the event the writ petitioner fails to submit its representation within the time limit, as fixed by this Court, the respondent no.6 authority is permitted to take appropriate action in terms of the impugned Memo dated 03.08.2026. 10. 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. 11. With the aforementioned observation, writ petition is disposed of. 12. Since, affidavits have not been called for, the allegations made in the instant writ petition, are deemed to have been denied. 13. 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. 14. 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.)