N.22Sl 151/CL 29.09.26 DL-24 Ct.-19 (S.R.) WPA 4425 of 2026 Sri Kajol Biswas v. The State of West Bengal & Ors. Mr. Debasish Das … for the petitioner. Mr. Amit Chakraborty Mr. Dyutimay Paul … 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, the writ petitioner and the respondent State are represented by their respective learned advocates. 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 remove and/or demolish the unauthorized construction as allegedly made by the private respondents over the public land within the meaning of West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (‘the said Act’ in short), as a result whereof, the petitioner is facing difficulty to get easy access to his own property being Plot No.1299 in Mouza - Barachandghar, Police Station – Kaliganj, District – Nadia. 4. At the time of hearing, learned advocate appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that the writ petitioner is a raiyat in respect of a portion of the aforementioned Plot No.1299, which is contiguous to the Plot No.1306, which is vested land and, thus, comes under the purview of public land within the meaning of the said Act. It is contended further that on account of illegal encroachment made by the private respondents over such public land, the writ petitioner is facing difficulty to get easy access to the said plot of the writ petitioner. 5. It is further submitted that by way of a representation dated 29.01.2026, a copy of which has been annexed at page nos.15 and 16 of the instant writ petition, the writ petitioner approached the respondent no.3 authority but in vain. It is, thus, submitted by the learned advocate on behalf of the writ petitioner that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition. 6. Mr. Amit Chakraborty and Mr. Dyutimay Paul, learned advocates appearing on behalf of the respondent State in their usual fairness submits before this Court that the respondent no.3 2 authority may be directed to consider the representation dated 29.01.2026, in accordance with law. 7. It is further submitted that the writ petitioner may be directed to provide a copy of the representation dated 29.01.2026 to the respondent no.3 authority in the meantime. 8. In view of such, this Court while disposing the instant writ petition directs the respondent no.3 authority to cause service of notice of show cause upon the private respondents within a specified time and, in the event, any reply is filed and/or in the event, no reply is filed, the respondent no.3 authority is directed to consider the representation dated 29.01.2026, as submitted by the writ petitioner, in accordance with law and 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 29.01.2026 and shall forthwith communicate the same both to the writ petitioner and the private respondents. 9. It is further ordered that the entire exercise, as indicted in the foregoing paragraphs, is to be completed within forty-five working days from the date of communication of the server copy of this 3 order along with a copy of the representation dated 29.01.2026. 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 dated 29.01.2026, as submitted by the writ petitioner, he is directed to take all consequential actions in terms of Section 4 of the said Act soon thereafter. 12. With the aforementioned observations, WPA 4425 of 2026 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 29.01.2026, 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