Back
2025 Supreme(Online)(Cal) 4047
CALCUTTA HIGH COURT
Amrita Sinha, J
Mahadeb Bhaumick – Appellant
Versus
The State of West Bengal & Ors. – Respondent
Constitutional Writ Jurisdiction WPA No.2254 of 2025
For the Appellants/Petitioners: Mr. Malay Bhattacharya, Ms. Sudipa Sengupta
For the Respondents: Mr. Ansar Mandal, AGP, Mr. Tanweer J. Mandal, Mr. Anil Kumar Das, Mr. Kaushik Chandra Gupta, Mr. Mrinal Das
The court emphasizes the need for timely and reasoned administrative action concerning land encroachment claims.
Headnote:In the Constitutional Writ Jurisdiction, the petitioner alleged illegal encroachment of a Government plot of land by private respondents. The court directed the Sub-Divisional Officer to consider the petitioner's objections and conduct a spot inspection. The findings were to be communicated to all parties with necessary remedial actions if unauthorized encroachment was found. The court mandated this process to conclude within ninety days.
| Table of Content |
|---|
| 1. the petitioner raises concerns regarding illegal land encroachment. (Para 1 , 2) |
| 2. the court mandates investigation and administrative action on encroachment claims. (Para 3 , 4 , 5 , 6 , 7) |
| 3. final procedural steps for documentation and compliance. (Para 8 , 9 , 10) |
1. The petitioner complains of illegal encroachment of Government plot of land by the private respondents. Objection raised by the petitioner is alleged to be kept pending consideration before the Sub-Divisional Officer-II, Irrigation Department, Panskura, Purba Medinipur.
2. The allegation of the petitioner is not admitted by the learned counsel for the sixth and eighth respondents being the private respondents.
3. A report has been forwarded by the Block Land &
Land Reforms Officer signed on July 11, 2025 which mentions that the complaint lodged by the petitioner does not disclose the details of the unauthorized encroachment made by the private respondents.
4. After hearing both sides, I dispose of the writ petition by directing the Sub-Divisional Officer-II, Irrigation Department, Panskura, Purba Medinipur being the fourth respondent herein, to consider the objection of the petitioner dated December 10, 2024 by causing a spot inspection upon prior notice to all the necessary parties to ascertain the nature and extent of unauthorized encroachment, if any.
5. Assistance of the concerned BL&LRO may be taken to identify the proper plots of land. The spot inspection report shall be forwarded to all the parties and thereafter an opportunity of hearing shall be provided to all the parties.
6. The Sub-Divisional Officer shall pass a reasoned order and communicate the same to all the parties. If any unauthorized encroachment over Government plot of land is detected, then necessary remedial steps shall be taken for removal of the same.
7. The entire exercise shall be concluded at the earliest but positively within a period of ninety days from the date of communication of this order.
8. The report dated July 11, 2025 and the affidavit of service filed in Court be taken on record.
9. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.
10. Certified copy of this order, if applied for, shall be made available to the parties.
