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2025 Supreme(Online)(Cal) 3568

CALCUTTA HIGH COURT
Partha Sarathi Sen, J
Johur Ali – Appellant
Versus
Union of India – Respondent
WPA 7811 of 2023



Advocates:
For the Appellants/Petitioners: Mr. Arindam Das, Mr. Snehasish Ghosh
For the Respondents: Ms. Manika Roy, Ms. Ankita Chowdhury, Mr. Atanu Sur, Mr. Sagar Saha, Mr. Soumitra Bandyopadhyay, Mr. Priyabrata Batabyal

Judicial review does not permit interference with authority's factual findings unless glaring illegality is established.

Headnote:(A) Constitutional Law - Judicial Review - Writ Petition filed against an authority’s order dismissing representation and ordering removal of alleged encroachment - Court emphasizes that it will not substitute its view for that of the authority unless glaring illegality is shown - Dismissal of writ petition upheld based on valid authority decision. (Paras 15, 16)

Facts of the case:
The petitioner challenged the removal of unauthorized encroachment order, contending ownership of land and submission of a representation for reconsideration as mandated by a previous court order.

Findings of Court:
The authority’s reliance on a joint demarcation report was justified, affirming that the petitioner encroached upon 1 decimal of land beyond owned property without errors in the report presented to the court.

Issues: The crucial issue addressed was whether the authority acted with illegality or irregularity in its finding against the petitioner regarding land ownership and encroachment assessment.

Ratio Decidendi: The court maintained that without evidence of glaring illegality, it must respect the factual determinations made by the authority; the decision-making process of the authority was confirmed as unequivocal.

Result: Writ petition dismissed.

Table of Content
1. petitioner's challenge against removal order and representation submission. (Para 2 , 3 , 4 , 10)
2. authority's justification for relying on joint demarcation report. (Para 5 , 6 , 12 , 13)
3. judicial deference to authority's factual findings. (Para 15)
4. final dismissal of writ petition. (Para 16)

1. The parties to the instant writ petition are represented by their respective learned advocates.

2. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondents/authorities, more specifically, against the respondent no. 7/authority for quashing and/or rescinding and/or cancelling the order dated 23.09.2022 as passed in Misc. Case No. 07 of 2022 whereby and whereunder the said respondent no. 7/authority declined to consider the comprehensive representation of the writ petitioner favourably and at the same time passed an order against the writ petitioner for removal of unauthorized encroachment as made by him.

3. At the time of hearing, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to Page Nos. 59 to 61 of the instant writ petition, being a copy of the order dated 08.08.2022 as passed by a co-ordinate Bench of this Court in an earlier round of litigation being WPA 150 of 2022.

4. It is pertinent to mention herein that while passing the said order dated 08.08.2022 in WPA 150 of 2022, the co- ordinate Bench granted liberty to the present writ petitioner to submit a comprehensive representation within a stipulated period before the respondent no. 7/authority herein and the respondent no. 7/authority was directed to consider such representation in accordance with law after giving an opportunity of hearing to the writ petitioner.

5. Sufficient materials have been placed before this Court that a comprehensive representation has been submitted by the writ petitioner, a copy of which has been annexed at Page Nos. 62 to 68 of the instant writ petition.

6. In course of hearing, learned advocate appearing on behalf of the writ petitioner took me to several orders as passed by the respondent no. 7/authority in Misc. Case No. 07 of 2022.

7. It is submitted that in the said Misc. Case, the respondent no. 7/authority while considering the representation of the writ petitioner directed for holding a joint demarcation. It is further submitted that the respondent no. 7/authority while passing the order under challenge, most mechanically placed his reliance upon such joint demarcation report without assigning any reason therefor and at the same time, the respondent no. 7/authority has failed to visualize that the said enquiry report is faulty inasmuch as no materials have been placed before the respondent no. 7/authority that the writ petitioner has encroached 1 decimal of land in Mouza – Umarpur under P.S. Raghunathganj, Murshidabad.

8. It is further submitted on behalf of the writ petitioner that the present writ petitioner has constructed his property over 5 decimals of land which is rayati land and the same belongs to the writ petitioner.

9. It is thus submitted that the instant writ petition may be allowed and appropriate relief/reliefs may be given to the writ petitioner in terms of the prayers made in the instant writ petition.

10. Per contra, Mr. Batabyal, learned advocate appearing on behalf of the respondent/State, duly led by Mr. Bandyopadhyay, learned senior government advocate at the very outset draws attention of this Court to the different orders as passed by the respondent no. 7/authority in Misc. Case No. 07 of 2022. It is submitted by Mr. Batabyal that from the order under challenge as well as the previous orders as passed in the said Misc. Case, it would reveal that the joint inspection was ordered by the respondent no. 7/authority wherein the writ petitioner was granted liberty to remain present.

11. It is further submitted by Mr. Batabyal that from the order under challenge dated 23.09.2022

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