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2026 DAILYLAW 47707 (CAL)

NETAI MONDAL v. DAMODAR VALLEY CORPORATION AND ANR

WPA/24503/2026 · 2026-10-05

Partha Sarathi Sen

body2026

Judgment text

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05.10.2026 Item No.38 (ML) Court No.19 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JRUISDICTION WPA 24503 of 2026 < Netai Mondal -Vs- Damodar Valley Corporation & Anr. Mr. Prantik Gorai, Mr. udhisthir Mandal. …for the petitioner. Mr. Amit Kumar Nag, Mr. Swarajit Dey, Ms. Ranjabati Ray, Ms. Ankita Jha. …for the State. 1. The affidavit of service as filed today by the learned Advocate for the petitioners is taken on record. 2. Parties are represented by their respective Counsel. 3. The subject matter of the instant writ petition is the notice dated 24.08.2026 as issued by the respondent no.2 authority under Section 5A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1975. 4. At the time of hearing learned Advocate appearing on behalf of the writ petitioner submits before this Court that on perusal of the impugned notice dated 24.08.2026, it would reveal that the said notice does not bear any schedule of the public premises and as such the impugned notice is invalid in the eye of law and the same may be quashed. 2 5. Learned Advocate appearing on behalf of the respondent State though admitted that in the notice in question there is no schedule, however, it is contended that from the pleadings of the writ petition, it would reveal that the writ petitioner has properly understood the extent of the public premises over which the impugned notice has been issued. 6. In this regard attention of this Court is drawn to page nos.41, 42 and 58 of the writ petition. It is argued on behalf of the respondent State that the writ petitioner has annexed sufficient documents in connection with DGP P- 15 at Arjunpur Tetultala and thus it cannot be said that the notice in question is defective. 7. On careful observation of the entire materials as placed before this Court, it appears that in the impugned notice dated 24.08.2026, the schedule is kept blank. Admittedly, the letters “DGP P-15 are available in the said notice however the same denotes the address of the writ petitioner”. 8. In view of such, this Court has no hesitation to hold that the impugned notice dated 24.08.2026 cannot stand in its present form and the same is hereby quashed and cancelled. 3 9. With the aforementioned observation, the writ petition being WPA 24503 of 2026 is thus allowed and disposed of. 10. However, liberty is granted to the respondent no.2 authority to issue similar such notice in favour of the writ petitioner either on the selfsame cause of action or on the subsequent cause of action, if occasion so arises clearly mentioning the description of the public premises in the said notice. 11. There shall be no order as to costs. 12. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Partha Sarathi Sen, J.)