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2023 Supreme(Cal) 809

BIBEK CHAUDHURI
Jharna Pradhan (Maity) – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Soumen Kumar Dutta, Mr. Sabyasachi Bhattacharjee.
For the D.S.D.A. : Mr. N. C. Bihani, Ms. P. B. Bihani.
For the State : Mr. Jayanta Samanta, Mr. D. Chakraborty.

JUDGMENT :

(Bibek Chaudhuri, J.)

1. Indisputably, the petitioners are unauthorized occupants in respect of a piece of plot being No. 1676 appertaining to Khatian No.1 at Mouza Dakshin Purusattampur, J.L. No. 286 in Mandarmoni Coastal Police Station. It is also not in dispute that a proceeding under the provision of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 was initiated against the petitioners and other unauthorized occupants on the basis of a report of the jurisdictional Block Land and Land Reforms Officer. The Collector and S.D.O., Contai adjudicated the said proceeding and passed an order of eviction. The petitioners challenged the said order by filing a writ petition before this Court. This Court disposed of the writ petition giving opportunity to the petitioners to prefer a statutory appeal under Section 7 of the said Act. The petitioners preferred a Mandamus Appeal before the Division Bench of this Court and the Division Bench presided over by the Hon’ble the Chief Justice disposed of the said appeal holding, inter alia, that the impugned order was passed in violation of the principles of natural justice. In such circumstances, the order dated

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