HIRALAL SARKAR AND ORS. v. THE STATE OF WEST BENGAL AND ORS.
WPA/17296/2025 · 2026-04-06
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9205 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9205 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 19 (265719) 06.04.2026
(A 17)
(S. Banerjee) WPA 17296 of 2025
Hiralal Sarkar & Ors. Vs. The State of West Bengal & Ors. CAN 1 of 2025 CAN 2 of 2025
Mr. Apurba Kumar Ghosh Ms. Swarupa Seth
…for the petitioners Mr. Ansar Mandal, Ld. AGP Mr. Tanweer Jamil Mandal
…for the State
Re: CAN 1 of 2025 This is an application to expunge the name of the petitioner no. 2 who died intestate on September 2, 2025 and the heir and heiress are already on record. Considering the fact that the heirs of the petitioner no. 2 are already on record, CAN 1 of 2025 stands allowed. Department is directed to expunge the name of the petitioner no. 2 from the cause-title of the writ petition. 2 Re: CAN 2 of 2025 This is an application for substitution upon the death of the 9th petitioner. It has been stated in the said application that the petitioner no. 9 died intestate on September 30, 2025 leaving behind him surviving the heir and heiress as specifically mentioned in paragraph 3 of the said application. The right to proceed with the instant writ petition survives upon the heir and heiress of the deceased petitioner no. 9. Accordingly, CAN 2 of 2025 stands allowed. The heir and heiress of the deceased petitioner no. 9 as specifically mentioned in paragraph 3 of the said application be substituted in place and stead of the deceased petitioner no. 9. Department is directed to amend the cause-title of the writ petition accordingly. Re: WPA 17296 of 2025 The petitioners claim to be the owner of certain plots of land within Mouza – Narayanpur, JL No. 11 under Chinsurah Police Station in the district of Hooghly. Petitioners allege that the State of West
3 Bengal through the Public Works Department have constructed a four-storied building on the plot of the petitioners without initiating any proceeding for acquisition or requisition.
In support of such contention the learned advocate appearing for the petitioners draws the attention of the Court to the information supplied under the provisions of the Right to Information Act, 2005 wherein it has been stated that from the available documents and computerized record of rights it appears that there is no information available with the office of the Block Land and Land Reforms Officer, Chinsurah about acquisition or requisition of the plots in question by any State Government authority. Petitioners claim to have submitted various representations before different authorities praying for compensation in respect of the plots of the petitioners which has been utilised and in the alternative to restore the possession of the lands to the petitioners. Learned advocate appearing for the petitioners submits that in spite receipt of such representation, no decision on such representation has been communicated by the respondents to the petitioners till date. However, on query of the Court, learned advocate appearing for the petitioners, in his usual fairness, submits that no
4 representation has been submitted before the concerned Special Land Acquisition Officer. He, however, prays for leave to submit a comprehensive representation before the concerned Special Land Acquisition Officer. Heard the learned advocate appearing for the State on such submission. This writ petition stands disposed of by giving liberty to the petitioners to submit a comprehensive representation before the appropriate Special Land Acquisition Officer and if such a representation is submitted, such authority shall consider and dispose of the same in accordance with law as expeditiously as possible. (Hiranmay Bhattacharyya, J.)