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2026 DAILYLAW 8561 (CAL)

LAKSHAN MAITI AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/5460/2026 · 2026-03-17

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 4 17/03/2026 Ct. No.-19 Aritra WPA 5460 of 2026 Lakshan Maiti & Anr. Vs. The State of West Bengal & Ors. Mr. Raj Kr. Sain ….for the petitioners Mr. Chandi Charan De, AGP Ms. Saswati Chatterjee ….for the State Affidavit of service filed in Court today is taken on record. The learned advocate for the petitioners submits that the private respondent has been duly served. In spite of service none appears for the private respondent. The petitioners claim to be the recorded owner of a portion of a plot of land being L.R. Plot No.192 under Khatian No.528/1 and 1777, J.L. No.110 within Mouza- Rangibasan under Police Station-Mahishadal in the District of Purba Medinipur. The petitioners state that the plot of land of the petitioners is lying and situated just adjacent to the land of the West Bengal Irrigation and Waterways Department. The petitioners further states that the said land is the only source of ingress and egress of the petitioners from their property to the main road. The petitioners allege that the private respondent has raised an unauthorised 2 construction upon the government land without taking any permission from the concerned authority. The petitioners submitted a representation dated January 16, 2026 before various authorities including the Executive Engineer (Irrigation & Waterways Directorate) as well as the Sub-Divisional Officer, Haldia, Purba Medinipur. The learned advocate appearing for the petitioners submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities till date. Mr. De, learned Additional Government Pleader submits that the decision on the representation dated January 16, 2026 shall be taken and communicated by the Sub-Divisional Officer, Haldia, Purba Medinipur, who is the competent authority under the relevant statute, to the petitioners within the time limit as may be fixed by this Court. In the light of the submissions made by the learned advocates for the respective parties, WPA 5460 of 2026 stands disposed of by directing the Sub-Divisional Officer, Haldia, Purba Medinipur, being the respondent No.3 to consider the representation of the petitioners dated January 16, 2026 and after making necessary enquiries and demarcation through competent officials if any encroachment upon the government land is found, necessary proceedings shall be initiated for removal of the 3 encroachment and the entire exercise shall be completed as expeditiously as possible but positively within a period of 12 weeks from the date of receipt of a server copy of this order along with a representation dated January 16, 2026. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)