ROJINA PARVEEN BIBI v. STATE OF WEST BENGAL AND ORS.
WPA/1318/2026 · 2026-09-03
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37766 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37766 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
03.09.2026 Item No.18 Ct. No.19 KS
W.P.A. 1318 of 2026 Rojina Parvin Bibi
Vs. The State of West Bengal & Ors. Mr. Salil Kumar Maiti Ms. Dolan Samanta ….. For the Petitioner Mr. A. Dasgupta Mr. J. Chatterjee …..For the State
1. The writ petitioner and the respondent/State are represented by their respective learned counsel. 2. None appears on behalf of the private respondents, despite service. 3. At the time of hearing, learned advocate appearing on behalf of the respondent/State has filed a copy of the Memo dated 12.08.2026 as issued by the Sub- Divisional Magistrate, Tamluk, Purba Medinipur addressed to the jurisdictional B.L. & L.R.O. asking him to submit a report within 21.08.2026. 4. On being asked by this Court it is further submitted on behalf of the respondent/State that the alleged encroachment forms the subject-matter of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (“the Act of 1962”, in short). 5. On perusal of the petition under consideration and after hearing the learned advocates for the contending
2 parties, this Court dispose the instant writ petition by passing the following directions:- (i) The respondent no.7 authority is hereby directed to cause a field verification at the disputed plot after giving prior notice to the writ petitioner and the private respondents and shall submit a demarcation report with the respondent no.5 authority positively within 30 working days from the date of communication of the server copy of this order. (ii) The respondent no.5 authority on receipt of such demarcation report, if notices that there occurred an encroachment at the disputed plot at the instance of the private respondent nos.8 to 15, he shall cause notice upon the writ petitioner and the private respondents and shall provide them copies of the demarcation report. (iii) The respondent no.5 authority is further directed to give due chance of hearing both to the writ petitioner and the private respondents and is further directed to consider the representation dated 20.10.2025 in accordance with law and shall pass a reasoned order in the light of the demarcation report, as would be submitted by the respondent no.7 authority. (iv) The entire exercise, as indicated hereinabove, shall have to be completed by the respondent no.5 authority positively within 45 working days from
3 the date of receipt of the demarcation report from the respondent no.7 authority.
(v) The time limit, as fixed by this Court, are peremptory and mandatory. (vi) It is further made clear that in the event while passing the reasoned order, the respondent no.5 authority finds sufficient merit in the representation dated 20.10.2025, he is directed to take all consequential action forthwith. 6. With the aforementioned observation, the instant writ petition is disposed of. 7. Before parting with, it is further made clear that while disposing the instant writ petition, this Court has not gone into the merits of the representation dated 20.10.2025, as submitted by the writ petitioner and thus, all points are kept open for adjudication by the respondent no.5 authority. 8. Liberty is given to the learned advocate for the writ petitioner to communicate the server copy of this order to the respondent no.5 authority as well as to the respondent no.7, who are directed to act on the server copy of this order. 9. 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.)