441 17-09-2026 AKG Ct. 237 WPA 823 of 2026 Hena Naskar (Safui) & Anr. Vs. The State of West Bengal & Ors. Mr. Sounak Bhattacharyya, Ms. Mamata Khatun, Mr. Satyam Mukherjee …for the Petitioners It appears that R.S. Plot No. 417 of Mouza– Madurdaha, J.L. No. 12, was requisitioned by the State in the year 1966. The said plot of land was subsequently de- requisitioned. It further appears that one of the co-sharers of the said property approached this Court by filing W.P. No. 11131 (W) of 2015 (Jagannath Halder & Ors. v. The State of West Bengal & Ors.), alleging, inter alia, that the land in question had not been returned to them upon its de-requisitioning. The said writ petition was disposed of by a Coordinate Bench of this Court on September 27, 2016. The State was directed to cause measurement and physical demarcation of the land in question and, thereafter, to return the same to the successors-in-interest of the original owners from whom the land had been requisitioned. In compliance with the said order dated September 27, 2016, the Land Acquisition Collector and Additional Land Acquisition Officer, South 24 Parganas, by an order dated January 10, 2018, directed that 0.66 acres of land comprised in R.S. Plot No. 417 of Mouza– Madurdaha, J.L. No. 12, be released in favour of the legal 2 heirs of Late Sarat Chandra Safui and Nirmal Chandra Safui, upon production of appropriate legal heir certificates, and that the remaining 0.03 acres be released in favour of Bankim Chandra Safui. The present writ petition has been filed by the legal heirs of Nirmal Chandra Safui. It is submitted that only 0.43 acres of land has been released in favour of the petitioners, although the order of the Land Acquisition Collector dated January 10, 2018, specifically directed that 0.66 acres of land be returned. It, however, appears that, subsequently, a portion of the said land was transferred to Peerless General Finance & Investment Company Limited by one of the co-sharers. It further appears that several civil suits are pending in respect of the said property filed by the other co-sharers. Learned advocate appearing for the petitioners, however, submits that, as on date, there is no subsisting order of injunction passed by any of the Civil Courts. It is, therefore, submitted that the order dated January 10, 2018, passed by the Additional Land Acquisition Officer, South 24 Parganas, ought to be implemented. I am, however, of the view that, at this stage, no direction can be issued in favour of the petitioners for release of the remaining portion of the land. The pending civil suits have not yet attained finality, and the rights, title and interest of the petitioners vis-à-vis the other co- 3 sharers in respect of the land in question have not yet been finally adjudicated upon by the competent Civil Court. In such circumstances, this Court, exercising its writ jurisdiction, cannot issue a direction upon the State to release the remaining portion of the land in favour of the petitioners, particularly when the inter se rights of the parties are yet to be conclusively determined by the competent Civil Court. Accordingly, WPA 823 of 2026 is dismissed. This order, however, shall not preclude the petitioners from approaching the competent authority for release of the remaining portion of the land upon final adjudication of their right, title and interest in respect thereof by the competent Civil Court. Needless to mention, the petitioners shall be at liberty to approach the competent forum for redressal of their grievances in accordance with law. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)