10.04.2026 Ct. No. 30 S.L. No.13 SM WPA 8405 of 2024 Pabitra Kumar Nanda & Anr. Versus The Chairman-in Council, Haldia, Municipality & Ors. Mr. Debabrata Saha Roy, sr. adv. Mr. Debabrata Chakrabarti Mr. Neel Basu Mr. Subhankar Das Mr. A. Paul ……for the petitioners Ms. Srijani Mukherjee ……for the State/respondents 1. The writ application has been preferred praying for direction upon the respondent nos. 1 and 2 to take immediate steps to remove the wall from the petitioners’ land. The petitioners have further submitted that the respondent no. 2 has not concluded the hearing as per their notice dated 29.07.2022 and without coming to a conclusion or submitting a report of the hearing, the said authorities are proceeding to demolish the petitioners’ boundary wall and are encroaching upon his property by constructing public toilets for which the petitioners are being severely prejudiced. 2. Mr. Saha Roy, learned senior counsel, appearing for the petitioner has placed two documents before this Court, one at page 31, wherein it appears that plot no. 355 and 356 have been mutated in the name of the petitioner herein. 2 3. Mr. Saha Roy further relies upon a document at page 34 of the writ application, which is a list of plots acquired by the Government of West Bengal. 4. On perusal of the same, this Court finds that the said plots being 355 and 356 are not in the list of such plots acquired by the Government of West Bengal. The petitioners have thus made out a prima facie case. 5. On hearing the learned counsels for the parties and considering the fact that admittedly the hearing in respect of the notice dated 29.07.2022 is not complete, the writ application is disposed of with the direction that the respondent no. 2 shall conduct a hearing in presence of all stakeholders in respect of the issue raised by the petitioner in the present writ application and conclude the said hearing, which had been put on notice on 29.07.2022, by passing a reasoned order in accordance with law, within 60 days from the date of this order. 6. Pending hearing before the respondent no. 2, the respondents herein are restrained from carrying out any demolition or further construction on plot 355 and 356 until a decision is arrived at by the authority concerned. 7. Writ application stands disposed of. 8. Applications, if any, connected thereto stand disposed of consequently. 3 9. Interim order, if any, stands vacated. 10. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]