Extracted from the PDF above. The PDF is authoritative.
S/L 9
11.09.2026 Court. No. 25
suvayan WPA 24983 of 2026
Sk. Mafibar Vs. The State of West Bengal & Ors.
Mr. Dipanjan Datta
Mr. Subhajit Chowdhury
Ms. Esha Basak
…for the petitioner.
Mr. Shiv Shankar Banerjee
Ms. Shipra Chanda
…for the State.
1. The affidavit-of-service filed by the petitioner be kept with the record.
2. Initially the petitioner has made a complaint to the Sub- Divisional Officer against the private respondents and the Sub-Divisional Officer has passed an order for eviction of the private respondents. The private respondents being aggrieved and dissatisfied with the
order passed by the Sub-Divisional Officer have filed a writ application before this Court on the ground that the
order was passed by the Sub-Divisional Officer without giving an opportunity of hearing to the private respondents.
3. This Court has set aside the order passed by the Sub- Divisional Officer and remanded the matter back with the direction to the Sub-Divisional Officer to take appropriate steps in accordance with law after giving an opportunity of hearing to all the parties. In terms of the
order passed by the co-ordinate Bench of this Court dated August 19, 2025, the Executive Magistrate has issued notice to all the concerned parties on January 28,
2 2026 by fixing the hearing of the case on February 17, 2026 but none appears on behalf of the private respondents before the authorities. Again the Executive Magistrate has issued a notice on July 28, 2026 by fixing the hearing on August 11, 2026 but none appears on behalf of the private respondents but the authorities have not passed any order.
4. Only grievance of the petitioner is that the Executive Magistrate is issuing notice from time to time but nobodies appearing on behalf of the private respondents and the authorities are adjourning the matter. He prays for a direction upon the respondent authorities for disposal of the proceeding pending before the Executive Magistrate as early as possible.
5. Learned counsel for the State submits that as the proceeding is pending before the respondent authorities they will dispose of the appeal as early as possible.
6. Considering the submission made by the learned counsel for the respective parties, the writ petition is disposed of by directing the respondent no. 7, the Sub-Divisional Officer to dispose of the proceeding by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of this order. If the respondent no. 7 finds that the private respondents are not appearing in spite of receipt of notice, the respondent no. 7 shall proceed with the matter in accordance with law.
7. It is made clear that if the respondent no. 7 finds that the private respondents are in illegal occupation of the
3 Government land, he shall take appropriate steps for eviction of the private respondents from the said property.
8. WPA 24983 of 2026 is disposed of.
9. 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.)