Sanjay Sk v. State Of West Bengal And ORS.

D/L- 8 04/02/2026 Ct. No.-19 Aritra WPA 1107 of 2026 Sanjay Sk.

Vs.

The State of West Bengal & Ors.

Mr. Mobidur Hossain ....for the petitioner Mr. Nilanjan Banerjee Pal Mr. Tauhid Khan ....for the State Affidavit of service filed in Court today is taken on record.

The learned advocate appearing for the petitioner submits that the private respondents have been duly served. In spite of service none appears for the private respondents.

State is represented by its learned advocate. The petitioner claims to be the owner of a land measuring about 0.1666 decimals lying and situated within Mouza-94 No. Palitpara under Police StationSaktipur in the District of Murshidabad being L.R. Dag No.2294/2295.

The petitioner states that a PWD road from Beldanga to Saktipur is lying adjacent to the aforesaid property to the petitioner. The petitioner alleges that the private respondents have made an unauthorised construction by encroaching upon the aforesaid PWD road just in front of the petitioner's property thereby causing obstruction to

the ingress and egress of the petitioner from his property to the PWD road.

The petitioner submitted a representation dated June 19, 2025 before the Assistant Engineer, Berhampore Highway Sub-Division, Public Works (Roads) Directorate, Murshidabad, praying for removal of unauthorised encroachment from the PWD road.

The learned advocate appearing for the petitioner submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities till date.

The learned advocate appearing for the State submits that necessary steps in accordance with law shall be taken if an encroachment upon the PWD road is found. Without entering into the merits of the claim made in the representation dated June 19, 2025, WPA 1107 of 2026 stands disposed of by directing the Assistant Engineer, Berhampore Highway Sub-Division, Public Works (Roads) Directorate, Murshidabad, being the respondent No.6, to consider the representation of the petitioner dated June 19, 2025 and after conducting necessary enquiries and demarcation through competent Officials, if any encroachment upon the PWD road is found, necessary proceeding in accordance with the West Bengal Highways Act, 1964 shall be initiated and the entire exercise under the said provision shall be completed as expeditiously as possible but positively within a period

of 8 weeks from the date of receipt of a server copy of this order along with a copy of the representation dated June 19, 2025.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)