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2026 DAILYLAW 47986 (CAL)

DEBASISH DWIBEDI AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/7894/2026 · 2026-10-05

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.10.2026 Item No.17 (ML) Court No.19 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JRUISDICTION WPA 7894 of 2026 < Debasish Dwibedi & Ors. -Vs- The State of West Bengal & Ors. Mr. Sudeep Sanyal, Ld. Sr. Adv., Mr. Snehasis Jana, Ms. Anulekha Bora Maiti. …for the petitioners. Mr. Debjit Mukherjee. …for the WBSEDCL. Mr. Amaresh Bag, Mr. Yudhisthir Maity. …for the State. 1. The affidavit of service as filed today by the learned Advocate for the petitioners is taken on record. 2. The writ petitioners, the respondent State and the respondent WBSEDCL are represented by their respective Counsel. 3. By filing the instant writ petition the petitioners have prayed for issuance of appropriate writ/writs against the respondent no.3 authority commanding him to demarcate 18 decimals of acquired Government land in Mouza Nayabasan Police Station Gopiballavpur, District Jhargram in terms of the sketch map prepared by the Land Acquisition Collector. 4. At the time of hearing Mr. Sanyal, learned senior Advocate appearing on behalf of the petitioners submits before this Court that by way of a representation dated 18.02.2026 the 2 writ petitioners approached the respondent nos.2 and 3 authorities requesting them to demarcate the acquired land in the aforementioned Mouza but no steps have been taken as yet and as a result whereof the writ petitioners are facing difficulty to identify their own riyati land. It is thus submitted that appropriate relief may be granted to the writ petitioners in accordance with law. 5. Learned Advocate appearing on behalf of the respondent State submits before this Court that on perusal of the report dated 23.07.2026 as submitted by the respondent no.4 authority it would reveal that 18 decimals of land in R.S. Plot No. 491 in Mouza Nayabasan Police Station Gopiballavpur, District Jhargram was acquired under L.A. Case No. 18 of 1980- 1981 and due compensation on account of acquisition of the plot in question was paid to the riyat in question. It is further submitted on behalf of the State that from the said report dated 23.07.2023, it would reveal that the relevant demarcated L.A. map has been vetted by the Executive Enginner, Midnapore Highway Division dated 21.03.1989. 6. Mr. Mukherjee, learned Advocate appearing on behalf of the WBSEDCL Authority in course of his submission has handed over a copy of the Memo dated 14.05.2026 as issued by 3 the Divisional Manager, Jhargaram Division, WBSEDCL addressed to the Executive Engineer, Jhargram Highway Division, PWD Roads Directorate. It is submitted that from the said Memo dated 14.05.2026 as well as the from the statement of facts dated 17.09.2026 it would reveal that on a approach by the WBSEDCL address to the PWD (Roads), Directorate, the PWD Road Directorate, Jhargram Highway Division identified location for erection of the electric polls and accordingly electric polls have been duly erected and the entire work of installation of the said polls have been completed. 7. On careful perusal of the entire materials as placed before this court it appears to this Court that it is not at all disputed that in R.S. Plot no. 491 in Mouza- Nayabasan Police Station Gopiballavpur, District Jhargram 18 decimals of land has been acquired by the respondent State. 8. The only grievance of the writ petitioners is that on account of non- demarcation of the said acquired land, the writ petitioners are facing difficulty to identify the boundaries of their land. 9. It appears form the report dated 23.07.2026 that the Executive Engineer, 4 Midnapore Highway Division has already vetted the demarcated map. 10. In view of such, in considered view of this Court there cannot be any difficulty on the part of the respondent nos. 6 & 7 authorities to cause physical demarcation in respect of the acquired land in question. 11. In view of such, this Court disposes of the instant writ petition by directing the respondent nos. 6 & 7 authority to demarcate the aforementioned acquired land by fixing pillar in and around the acquired land in terms of the demarcated L.A Map as has been vetted by the Executive Engineer, Midnapore Highway Division. 12. The entire exercise as indicated hereinabove is to be completed by the respondent nos. 6 & 7 authorities positively within 45 working days from the date communication of the server copy of this order with prior notice to the writ petitioners. 13. With the aforementioned observation, the instant writ petition is disposed of. 14. Liberty is given to the leaned Advocate- on-record for the petitioners to communicate the server copy of this order to the respondent nos. 6 and 7 authorities who are directed to act on the server copy of this order. 15. There shall be no order as to costs. 5 16. 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.)