IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction 25.09.2026 rc/ct.no.15 Item No.SL-01 WPA No. 2269 of 2025 Swapan Chandra Das Versus The State of West Bengal & Ors. Adv. Abdur Rakib Adv. Biswajit Sarkar Adv. Mojahid Mehedi ..for the petitioner Adv. Soumya Sankar Chini Adv. Ankana Sarkar …for the State Affidavit of service filed by the petitioner and report submitted by the State are taken on record. The petitioner has assailed the notice of eviction issued upon him by the Executive Officer, Kharibari Panchayat Samiti on September 03, 2026 directing him to vacate the rented shops in Panitanki Market Complex within seven days from the date of receipt of the notice. It appears from the report submitted by the State that hearing was called on August 07, 2026, notice of which was served upon the petitioner. The petitioner was present before the authority at the hearing. Learned counsel for the State submits that the tenants were warned that in the event the shop rooms in question were not run by them and were sub-let to others, possession of the same would be taken by the Panchayat Samiti. On a surprise inspection to the shop rooms, it was found that the petitioner was not present therein. This prompted the authority to come to a conclusion that the shop rooms were sub-let by the petitioner. The notice of eviction has been issued on such ground. Learned counsel for the petitioner denies and disputes the said allegation. No document has been filed by the State to demonstrate that the shop rooms have been sub-let by the petitioner. The mere fact that the petitioner was not found present at the shop rooms at the time of inspection does not necessarily indicate that the shop rooms have been sub-let. The allegation raised by the Samiti is not substantiated by any cogent evidence, either oral or documentary. In view of the above, this Court is inclined to hold that the notice issued by the Executive Officer on September 03, 2026 is without any reason whatsoever and is also dehors the terms of the agreement entered into by and between the parties. The notice is liable to be quashed. Accordingly, the notice issued by the Executive Officer, Kharibari Panchayat Samiti on September 03, 2026 is quashed/set aside. The writ petition is allowed. There shall, however, be no order as to costs. 2 Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3