D/31 29.09.2026 Bpg. WPA No.15681 of 2026 Narayan Saha @ Narayan Chandra Saha Versus The State of West Bengal & Ors. Mr. Sayan Mistri. …for the petitioner. Mr. Madhu Jana Mr. Rahul Agarwala Mr. Arka Bhattacharya. …for the State. 1. Affidavit-of-service as filed today on behalf of the writ petitioner is taken on record. 2. Both the writ petitioner and the respondent-State are represented by their respective learned counsel. 3. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authority more specifically, against the respondent no.3 authority commanding him to take appropriate steps for removal of the encroachment as made over the public land within the meaning of Section 2(7) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 (‘the said Act’ in short). 4. It is submitted on behalf of the writ petitioner that it is the specific case of the writ petitioner that the 2 writ petitioner is the co-sharer in respect of a portion of plot nos.2072 and 2072/6547 in Mouza- Tehatta under Police Station Tehatta, District- Nadia and the said land is contiguous to a public land. 5. It is submitted that it is the further case of the writ petitioner that on such public land a political party has raised an illegal construction in such a fashion that the present writ petitioner is not getting easy access to his own property, particulars of which has been mentioned in paragraph 5 of the instant writ petition. 6. It is further submitted that finding no other alternative the writ petitioner submitted a representation dated 16.06.2026 with the respondent no.3 authority but in vain. 7. Learned advocate appearing for the writ petitioner submits that it is a fit case for grant relief to the writ petitioner in terms of the prayer made in the instant writ petition. 8. Learned advocate appearing on behalf of the respondent-State in his usual fairness submits before this Court that the respondent no.3 authority may be directed to consider the representation dated 16.06.2026 as submitted by the writ petitioner in accordance with law. 3 9. In view of such, this Court while disposing the instant writ petition directs the respondent no.3 authority to initiate a proceeding under Section 3 of the said Act in terms of the representation dated 16.06.2026 and to issue show cause notice upon the private respondent and/or any other stake holders specifying therein to give their reply within a specified time. It is further directed that in the event any reply to such show cause notice is filed or in the event no such reply is filed within the specified time, the respondent no.3 authority shall give a fair chance of hearing, both to the writ petitioner and private respondent and/or any other stake holders and/or their authorized representatives and shall pass a reasoned order in terms of Section 4 of the said Act on the representation dated 16.06.2026 as submitted by the writ petitioner. 10. The entire exercise as indicated in the foregoing paragraphs is to be completed by the respondent no.3 authority positively within 45 working days from the date of communication of the server copy of this order. 11. The time limit as fixed by this Court is peremptory and mandatory. 4 12. Liberty is given to the learned advocate for the writ petitioner to communicate the server copy of this order to the respondent no.3 authority who is directed to act on the server copy of this order. 13. It is further directed that in the event while passing the reasoned order, the respondent no.3 authority finds illegal encroachment over the public land, either by the private respondent and/or by any stake holders, he is directed to take appropriate steps for removal of such illegal construction over the public land soon thereafter. 14. With the aforementioned observation, WPA 15681 of 2026 is disposed of. 15. Before parting with, it is, however, made clear that while disposing the writ petition, this Court has not gone into the merits of the representation dated 16.06.2026 as submitted by the writ petitioner and, thus, all points are kept open for adjudication by the respondent no.3 authority. 16. There will be no order as to costs. 17. Urgent photostaty certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Partha Sarathi Sen, J.)