Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 3791 (CAL)

SUJATA GHOSH v. UNION OF INDIA AND ORS.

WPA/7669/2026 · 2026-04-06

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A. 3 06.04.2026 Court No.19 BP WPA 7669 of 2026 Sujata Ghosh -versus- The Union of India & Ors. Mr. Debapriya Majumder ..for the petitioner Mr. Chandi Charan De, Ld. Addl. Govt. Pleader Ms. Saswati Chatterjee ..for the State Mr. Ajay Chaubey Mr. Uttam Basak ..for the Union of India Affidavit of service filed in Court today is taken on record. The petitioner claims to be the recorded owner of a plot of land within Mouza Sagarpara, J.L. No. 10 under Police Station Jalangi in the District of Murshidabad. The petitioner alleges that the authorities of the Border Security Force have illegally encroached upon a portion of the said property and have constructed a road thereupon without initiating any proceeding for acquisition. The petitioner submitted a representation before the authorities of the Border Security Force as well as upon the District Magistrate, Murshidabad praying for restoration of possession of the land in question. 2 Since a representation has been submitted by the petitioner dated 19th March, 2026 before the Commandant, Border Security Force, 73 Battalion, this Court is of the considered view that the interest of justice would be sub- served if the said respondent authority is directed to consider the representation of the petitioner and to dispose of the same by passing a reasoned order within a specified time limit. Without entering into the merits of the claim made by the petitioner in the representation dated 19th March, 2026, WPA 7669 of 2026 stands disposed of by the directing the Commandant, Border Security Force, 73 Battalion BSF Headquarter being the 5th respondent to consider the representation of the petitioner dated 19th March, 2026 and to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or his authorized representative and communicate the reasoned order to the petitioner as expeditiously as possible but positively within a period of eight weeks from the receipt of a server copy of this order along with a copy of the representation dated 19th March, 2026. It will be open to the 5th respondent to call upon the petitioner to produce any document in support of his claim and if such a request is made the petitioner shall be obliged to produce any document(s) to enable the said respondent authority to comply with the directions passed by this Court. There shall be however no order as to costs. 3 Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)