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2026 DAILYLAW 9382 (CAL)

RAJIB KUMAR ACHARYYA v. STATE OF WEST BENGAL AND ORS.

WPA/8011/2026 · 2026-04-16

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 7. sg 16-04-2026 Ct. 19 WPA 8011 of 2026 Rajib Kumar Acharyya Versus State of West Bengal & Ors. Mr. Debasish Sur Ms. Rekha Das Mr. Mrinmoy Chatterjee Mr. Subir Sabud Mr. Banshi Badan Maity …for the petitioner Mr. Suprabhat Bhattacharya Mr. Baskar Chakraborty …for the State Affidavit of service filed in Court is taken on record. The learned Advocate appearing for the petitioner states that private respondents have been duly served. In spite of service, none appears on behalf of the private respondents. The petitioner alleges that the private respondents have made an unauthorized construction on the Government land. The petitioner submitted a representation dated 10th March, 2026 before the Sub-Divisional Officer, Tamluk, praying for removal of unauthorized construction from the Government land. The learned Advocate appearing for the petitioner submits that in spite of receipt of such representation, no steps have been taken by the respondents till date. Without entering into the merits of the claim contained in the representation dated 10th March, 2026, this writ petition stands disposed of by directing the Sub- Divisional Officer, Tamluk, being the fifth respondent, to consider the representation of the petitioner dated 10th March, 2026 and after causing necessary enquiries and demarcation through competent Amins/Surveyors, upon prior service of notice to the petitioner, private respondents and any other persons, who may be affected by such demarcation and upon such demarcation, if it is found that there has been encroachment upon the Government land, necessary proceeding shall be initiated in accordance with the provisions of the relevant statute and the entire exercise under the said provision shall be completed as expeditiously as possible but positively within a period of eight weeks from the date of receipt of a server copy of this order along with a copy of the representation dated 10th March, 2026. Needless to mention that if it is found that there has been no encroachment upon the Government land, such decision shall also be communicated by the fifth respondent to the petitioner and others within the time limit as indicated hereinbefore. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.) 2