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2026 DAILYLAW 39501 (CAL)

ASHUTOSH PANDA AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/22816/2025 · 2026-09-10

Krishna Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 96 10.09.2026 Court. No. 25 suvayan WPA 22816 of 2025 Ashutosh Panda & Ors. Vs. The State of West Bengal & Ors. Mr. Balaram Pandit Mr. Krishna Deo Das …for the petitioners. Mr. Pratip Mukherjee Mr. Anup Dasgupta Mr. Yudhisthir Maity Ms. Sreetama Neogi …for the State. Mr. Subhadeep Chatterjee Ms. Sabera Khatun Ms. Arpita Kundu Mr. Nilabha Ray Mr. Bithin Mandal …for the respondent no. 8. 1. The petitioners have filed the present writ application challenging the order passed by the District Magistrate, Purba Medinipur dated August 28, 2025 wherein the appeal preferred by the petitioners is rejected. 2. Learned counsel for the petitioners submits that neither the Sub-Divisional Magistrate, Egra nor the appellate authority have passed the impugned order by assigning any reason. 3. This Court finds that on August 5, 2022 the Sub- Divisional Magistrate has passed an order holding that after hearing the parties and after careful perusal of the available documents and records the Assistant Engineer, Contai is directed to recover the possession and remove the encroachment and deliver possession of the encroached land upon the highway authority. 2 4. The appellate authority in the impugned order dated August 28, 2025 has recorded that on perusal of the report and the hearing, it is inferred that in the said Government plot there are several encroachers along with the applicants. 5. Considering both the orders, this Court finds that both the authorities have failed to assign any reason while passing the impugned orders. Accordingly, the orders dated August 5, 2022 and August 28, 2025 are set aside and quashed. 6. The Sub-Divisional Magistrate, Egra is directed to reconsider the allegation against the petitioners after giving an opportunity of hearing to the petitioners and to pass a reasoned and speaking order within a period of four weeks from the date of receipt of this order. 7. WPA 22816 of 2025 is disposed of. 8. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)