RAJA BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate writ/writs against the respondents/authorities more specifically against the Senior Divisional Engineer, (East), South Eastern Railway Kharagpur (hereinafter referred to as the said 'Engineer' in short), for cancellation and/or quashing and/or set aside the reasoned order dtd. 31/1/2024. By the said order under challenge dtd. 31/1/2024 the said Senior Divisional Engineer directed the present writ petitioners who are the private respondent nos. 11 to 13 in WPA (P) 89 of 2023 as well as all unauthorized occupants of the premises situated on CS/RS nos. 2195 and 2196 corresponding to LR plot nos. 2207 and 2208 respectively, Mouza Duillya under P.S Sankrail, District Howrah to vacate the said premises within 15 days from the date of publication of the said order under challenge.

(2.) It is pertinent to mention herein that the said engineer passed such order pursuant to the judgement and order dtd. 9/10/2023 as passed by a Division Bench of this Court presided over by the Hon'ble The Chief Justice in a public interest litigation being WPA (P) 89 of 2023 at the instance of one Sri Pratap Basu who is the respondent no.14 herein.

(3.) At the time of hearing Mr. Basu, learned Senior Advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to page no.115 of the instant writ petition being a copy of gazette notification dtd. 26/10/1961. It is submitted by Mr. Basu that from the said notification it would reveal that a notification under Sec. 4 of Act I of 1894 was published which includes the aforementioned two plot numbers. Attention of this Court is also drawn to page no.117 of the instant writ petition being a copy of the gazette notification dtd. 18/9/1963 showing publication of declaration of acquisition under Act I of 1894 of various lands including the aforementioned two plots of land.