Sandipan Bera v. State Of West Bengal And ORS.
22.02.2022 Court No.13 Item No.4 AP WPA 146 of 2022 (Through Video Conference) Sandipan Bera
Versus
The State of West Bengal & Ors.
Mr. Soumen Dutta, Mr. Subhadeep Chatterjee, Ms. Arpita Kundu ...For the petitioner.
Mr. Ashim Kumar Ganguly Mr. Bellal Shaikh ...For the State.
Affidavit-of-service filed in Court today be taken on record.
The writ petitioner complains that the private respondents have effected construction and/or have encroached upon P.W.D. land situated in front of his residence.
It is submitted that such construction has the effect of obstructing free ingress and egress out of the petitioner's land. It is further submitted that after filing of the instant writ petition, the Assistant Engineer, PWD, Contai Sub-Division has addressed a communication dated 28th January 2022, to the Block Land & Land Reforms Officer, Contai-I Block, Contai, Purba Medinipur, asking the land of the PWD and the petitioner to be appropriately demarcated to ascertain encroachment.
In that view of the matter, the writ petitioner's grievance appears to be substantially addressed.
The Assistant Engineer, PWD, Contai SubDivision shall, however, upon receipt of any report from the Block Land & Land Revenue Officer, Contai-I Block, Contai, Purba Medinipur initiate appropriate steps in terms of the West Bengal Highways Act, 1964 in accordance with law and dispose of the same as expeditiously as possible.
It is submitted by the learned counsel for the petitioner that the Block Land & Land Revenue Officer has not submitted any report.
Let the report be submitted by the Block Land & Land Revenue Officer mandatorily and positively within a period of ten days from the date of receipt of a copy of this order.
The instructions of the Assistant Engineer, PWD, Contai Sub-Division dated 31st January 2022, and the communication dated 27th January 2022, issued by the Assistant Engineer, Contai Highway Sub-Division, PW (Roads) Dte. are kept with the record.
With the aforesaid observations, the instant writ petition shall stand disposed of.
There will be no order as to costs.
All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)