TAPAN DHARA @ TAPAN KUMAR DHARA v. THE STATE OF WEST BENGAL AND ORS.
WPA/19690/2025 · 2026-09-29
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45237 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45237 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
N.22Sl 151/CL 29.09.26 DL-23 Ct.-19 (S.R.)
WPA 19690 of 2025 Tapan Dhara @ Tapan Kumar Dhara v. The State of West Bengal & Ors. Mr. Raj Kumar Sain Mr. Sukhendu Banerjee … for the petitioner. Ms. Jayita Dhar Chakraborty, JGA Mr. Joy Ranjan Dhar … for the State. 1. Affidavit of service as filed today on behalf of the writ petitioner is taken on record. 2. None appears on behalf of the private respondents despite service, however, learned advocate for the writ petitioner and the learned advocate for the respondent State are present. 3. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities, more specifically, against the respondent no.3 authority commanding him to consider the writ petitioner’s representation dated 24.07.2025, in accordance with law. 4. It is submitted that it is the specific case of the writ petitioner that the writ petitioner is the raiyat in respect of a potion of LR Plot No.990, J.L. No.174, Mouza – Ichhapur, Police Station – Mahishadal and the said land of the petitioner is contiguous to a
public Land within the meaning of Section 2(7) of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (‘the said Act’ in short) and the said land is the only source of egress and ingress to the writ petitioner’s said property. 5. It is contended that it is the specific case of the writ petitioner that on account of some illegal encroachments, as made by the private respondents nos.8 to 12 upon such public land, the writ petitioner is facing difficulty to get easy access to the writ petitioner’s own land, particular of which has been mentioned in paragraph 2 of the instant writ petition. 6. It is submitted that by way of the representation dated 24.07.2025, the writ petitioner brought to the notice of the respondent authorities about the alleged illegal construction of the private respondents over the public land but in vain. It is, thus, contended that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition. 7. Ms.
Dhar Chakraborty, learned advocate appearing on behalf of the respondent State in her usual fairness submits before this Court that the respondent no.3 authority may be directed to consider the representation dated 24.07.2025, in 2
accordance with law and to pass a reasoned order thereafter. 8. In view of such, this Court while disposing the instant writ petition directs the respondent no.3 authority to serve notice to show cause upon the respondent nos.7 to 12 and on receipt of the reply to such show cause and, in the event, no such cause is shown, the respondent no.3 authority after giving due opportunity of hearing both to the writ petitioner as well as the private respondents and/or their authorized representatives shall pass a reasoned order in respect of the representation dated 24.07.2025 in accordance with Section 4 of the said Act. 9. It is further ordered that the entire exercise, as indicted in the foregoing paragraphs, is to be completed by the respondent no.3 authority positively within forty-five working days from the date of communication of the server copy of this order. 10. The time limits, as fixed by this Court, are mandatory and peremptory. 11. It is further directed that in the event while passing the reasoned order, the respondent no.3 authority finds sufficient merit in the representation of the writ petitioner dated 24.07.2025, he is directed to take all consequential actions in terms of Section 4 3
of the said Act soon thereafter. 12. With the aforementioned observations, WPA 19690 of 2025 stands disposed of. 13. There shall, however, be no order as to costs. 14. Before parting with, it is made clear that while disposing the instant writ petition, this Court has not gone into the merit of the representation dated 24.07.2026, as submitted by the writ petitioner, and, thus, all points are kept open for adjudication by the respondent no.3 authority. 15.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.) 4