W.P.A. 1158 of 2026, A. Roy,J. Form J(2) Sl. No. 53 AB High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy W.P.A. 1158 of 2026 Mintu Guha Roy Vs. The Principal Secretary through Government of West Bengal & Ors. For the petitioner : Mr. Sandip Guha Roy For the State : Mr. Arijit Ghosh, Ld. Sr. G.P. Mr. Abhijit Raha Heard on : August 13, 2026 Judgment on : : August 13, 2026 [ IN COURT ] Aniruddha Roy,J. 1. The petitioner claims to have been running a small Tea Stall from the road side. Petitioner has lodged complaint before the jurisdictional Police Station regarding alleged vandalization and illegal closure of Tea Stall by some miscreants. Petitioner complains that neither FIR has been lodged nor the Police authority has been taking any steps. W.P.A. 1158 of 2026, A. Roy,J. 2 2. Mr. Arijit Ghosh learned Senior Government Pleader on instruction from the Police authority submits that on the basis of the complaint dated June 17, 2026 at page 23 to the writ petition a General Diary has been registered bearing no. 1304 dated June 19, 2026. The Police authority is in active progress with the necessary investigation. 3. He further submits that, in course of the investigation, the Police authority has found that shop room has been established upon encroachment of a portion of the public land. 4. In view of the above, Police authority shall come to its logical conclusion of the investigation in accordance with law expeditiously. 5. The previous order of the co-ordinate Bench dated July 21, 2026 speaks for itself. 6. It is made clear that, this order shall not create any right or equity in favour of the petitioner and if the petitioner upon proper enquiry by the jurisdictional authority is found to be an encroacher of a portion of the public land, the jurisdictional State authority shall be free to initiate appropriate proceeding for removal of such encroachment strictly in accordance with law. 7. It is made clear that, this Court has not expressed any opinion with regard to the allegation of encroachment against the petitioner. 8. With the above observations and directions this writ petition being WPA 1158 of 2026 stands disposed of, without any order as to costs. W.P.A. 1158 of 2026, A. Roy,J. 3 9. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)