08.09.2026 Item No.7 Ct. No.19 PG/KS W.P.A. 6951 of 2025 + I.A. No. CAN 1 of 2025 Samir Halder & Ors. Vs. The State of West Bengal & Ors. Mr. Sabyasachi Chatterjee Mr. Akashdeep Mukherjee Mr. Badrul Karim Mr. Kiran Sk. ….. For the Petitioners Mr. Nilanjan Bhattacharjee, S.S.C. Mrs. Joyita Dhar Chakraborty, J.D.A. Mr. Saikat Dey …..For the State In Re: I.A. No. CAN 1 of 2025 1. At the time of hearing, Mr. Chatterjee, learned advocate appearing on behalf of the writ petitioners, at the very outset, submits before this Court that for the present, he does not want to press I.A. No. CAN 1 of 2025 and accordingly, I.A. No. CAN 1 of 2025 may be disposed of with the liberty to the writ petitioners to approach the appropriate forum, if so advised. 2. Mr. Nilanjan Bhattacharjee, learned senior advocate appearing on behalf of the respondent/State, though not opposed the prayer for not pressing I.A. No. CAN 1 of 2025; however, opposes the prayer for liberty, as prayed for by Mr. Chatterjee. 3. On careful consideration of the entire materials, as placed before this Court and after hearing the learned advocates for the contending parties, this Court comes to a finding that since the writ petitioners are not willing to proceed with I.A. No. CAN 1 of 2025, the said application is 2 dismissed for non-prosecution with the liberty, as prayed for. In Re. W.P.A. 6951 of 2025 4. The writ petitioners and the respondent/State are represented by their respective learned counsel. 5. On behalf of the respondent/State, a report dated 22.06.2026 is filed in terms of this Court’s order dated 05.08.2025, which is taken on record. 6. By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate Writ/Writs against the respondent authorities, commanding them to take appropriate steps for providing proper rehabilitation to the writ petitioners. 7. At the time of hearing, Mr. Chatterjee, learned advocate appearing on behalf of the writ petitioners, at the very outset, took me to Page Nos.29 to 56 of the instant writ petition being, a copy of the order dated 07.03.2014, as passed by a Coordinate Bench of this Court in W.P. 8477 (W) of 2003 (Pradip Jaiswal & Ors. Vs. The Sabhadhipati, Howrah Zilla Parishad & Ors.). 8. It is submitted by Mr. Chatterjee that though in the said writ petition, the present writ petitioners were not parties, however, from the said order dated 07.03.2014, it would reveal that the said Coordinate Bench while disposing the said writ petition being, W.P. 8477 (W) of 2003 noticed that the writ petitioners of the said writ petition are the owners of the property as involved in the said writ petition and the said property cannot be utilized for rehabilitation of unauthorized encroachers. 3 9. It is further submitted by Mr. Chatterjee that in the self-same order, the said Coordinate Bench directed the respondent authorities to deliver back the peaceful possession to the writ petitioners of the said writ petition within six months with a further direction to find out the suitable places or plot of lands belonging to the State Government to rehabilitate the occupants of the writ petitioners’ property therein. 10. At this juncture, Mr. Chatterjee draws attention of this Court to Page Nos.20 to 23 of the instant writ petition being, copies of Memo dated 20.04.1996 and copy of a Cabinet Memo. 11. On a conjoint reading of the said Memo and the Cabinet Memo it would reveal that it was decided by the Government that for implementation of the order dated 07.03.2014, as passed in W.P. 8477 (W) of 2003, steps would be taken to rehabilitate the displaced family members to the land of the Government. 12. It is further submitted by Mr. Chatterjee that the present writ petitioners are the displaced persons and they occupied the land, which is known as Vidyasagar Colony in Bally, District – Howrah, which is the subject-matter of writ petition being, W.P. 8477 (W) of 2003. 13. It is further submitted by Mr. Chatterjee that on perusal of the report dated 22.06.2026, it would reveal that in compliance of the order dated 07.03.2014, as mentioned (supra), the State Government has failed and neglected to identify a suitable land for rehabilitation of the writ petitioners and apprehending threat of dispossession, the writ petitioners have thus approached this Court with the prayers, as made out in the instant writ petition. 4 14. Such contention is vehemently opposed by Mr. Nilanjan Bhattacharjee, learned senior advocate appearing on behalf of the respondent/State. 15. It is submitted by Mr. Bhattacharjee that on perusal of the report dated 22.06.2026, as submitted by the District Magistrate, Howrah alongwith its annexures, it would reveal that in a meeting regarding the rehabilitation of the unauthorized occupants of Vidyasagar Colony, which is the subject matter of W.P. 8477 (W) of 2003 read with CPAN 537 of 2022, the jurisdictional District Magistrate has assured the displaced persons to shift them as and by way of temporary rehabilitation at Akshaynagar Pallyshree Sangha for the time being with a further assurance that she would make all arrangement for necessary infrastructure viz. Patta distribution, approach road, electricity, drinking water, financial assistance for Banglar Bari and also financial assistance from Howrah Zilla Parishad @ Rs.35,000/- as shifting cost for the unauthorized occupants of Vidyasagar Colony. 16. Mr. Nilanjan Bhattacharjee, learned senior advocate further submits that from the report of the District Magistrate, Howrah it would reveal that though the present writ petitioners initially agreed to such proposal but, subsequently they declined to accept such proposal in terms of the aforementioned Resolution, as a result whereof, the respondent authorities may face coercive action in the contempt proceeding being, CPAN 537 of 2022. 5 17. It is further submitted that from the last paragraph of the first page of the report it would reveal that the Government authorities considering the objections of the writ petitioners and the other occupants of the Vidyasagar Colony have agreed to rehabilitate them at a Government building situated at Saheb Bagan Nischinda, Bally. 18. On careful perusal of the entire materials, as placed before this Court, it appears that the respondent authorities are duty bound to carry out the order dated 07.03.2014, as passed by a Co-ordinate Bench of this Court in W.P. 8477 (W) of 2003. 19. Materials have been placed before this Court that in compliance of the said order dated 07.03.2014, the respondent authorities have made arrangement for temporary accommodation at a Government building situated at Saheb Bagan, Nischinda, Bally. 20. From the report of the respondent/State it further reveals that the respondent authorities are willing to deliver Patta to the writ petitioners at the rehabilitated plot of land alongwith all infrastructural facilities including the cost of shifting. 21. In view of such proactive steps taken by the respondent/State, this Court finds no hindrance on the part of the writ petitioners to shift themselves to the temporary accommodation at a Government building at Saheb Bagan, Nischinda, Bally, as has been arranged by the District Administration, Howrah. 6 22. In view of such, this Court while disposing the instant writ petition, directs the present writ petitioners to quit and vacate their respective possession in Vidyasagar Colony, Bally, Howrah District positively within September 15, 2026 and on vacating their respective possession of the Vidyasagar Colony, the District Administration of the Howrah District shall accommodate them at the Government building situated at Saheb Bagan, Nischinda, Bally and shall make all arrangements for their appropriate rehabilitation therein temporarily and thereafter shall make arrangement to rehabilitate them by granting Patta in any Government land with appropriate infrastructure within 90 working days from the date of passing of this order. 23. It is, however, made clear that in the event, the writ petitioners failed and neglected to vacate and deliver up the khas and vacant respective possession in the Vidyasagar Colony, the District Administration of the Howrah will be at liberty to take appropriate steps for removal of the encroachers including the writ petitioners from the Vidyasagar Colony with the help of adequate police personnel. 24. With the aforementioned observation, W.P.A. 6951 of 2025 is thus disposed of. 25. 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.)