WPA/8137/2026 of SK. ISMAIL Vs STATE OF WEST BENGAL AND ORS.

D/L- 10 09/04/2026 Ct. No.-19 Aritra WPA 8137 of 2026 Sk. Ismail Vs. The State of West Bengal & Ors. Mr. Golam Mustafa Mr. Tarasankar Samanta Ms. Parnashree Samanta ….for the petitioner Mr. K.J. Yusuf, AGP Mr. Parikshit Goswami ….for the State Mr. Salil Kumar Maiti ….for the respondent Nos.9 to 11 Affidavit of service filed in Court today is taken on record. The petitioner has approached this Court seeking a direction upon the respondent authorities to implement the order dated August 14, 2025 passed by the Sub - Divisional Magistrate & Sub -Divisional Officer, Haldia , by which the private respondents were directed to remove the unauthorised encroachment caused by them on the plot of land in question in exercise of powers under Section 4(1) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. The learned advocate appearing for the privat e respondents submits that challenging the aforesaid order dated August 14, 2025, the private respondents have preferred an appeal before the District Magistrate & Collector, Purba Medinipur on December 29, 2025 along with an application, praying for condo nation of delay in filing such appeal. 2 A photocopy of the appeal petition filed by the learned advocate for the private respondents is taken on record. The learned advocate for the private respondents is directed to serve a copy of the appeal petition to t he learned advocate for the petitioner in course of this day. The petitioner has prayed for implementation of an order passed by the Sub-Divisional Officer, which is under challenge before the District Magistrate. In view thereof, this Court feels that t he interest of justice would be sub -served if the appellate authority is directed to dispose of the appeal and the application within the specified time frame. In the light of the submissions made by the learned advocates for the respective parties, WPA 8137 of 2026 stands disposed of by directing the District Magistrate & Collector, Purba Medinipur, being the respondent No.2 to dispose of the application for condonation of delay and the appeal filed by the private respondents on December 29, 2025 challenging the order dated August 14, 2025 passed by the Sub-Divisional Magistrate & Sub -Divisional Officer, Haldia in the case No.02 (HC) of 2025 as expeditiously as possible but positively by the end of the month of June, 2026 without granting any unnecessary adjournments to either of the parties. Till the appeal is disposed of, no coercive steps shall be taken against the private respondents. There will be no order as to costs. 3 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)