Sutapa Guchhait & ANR v. State Of West Bengal & ORS

July 19, 2021 ARDR (18) WPA 312 of 2020 Sutapa Guchhait & anr.

Vs.

The State of West Bengal & Ors.

Mr. Panchanan Hajra, ...for the petitioners.

Mr. Ayan Banerjee, ...for the State.

The grievance of the petitioners is directed against a notice for removal of encroachment dated 11th November, 2019 issued by the Assistant Engineer, Public Works Department, Hooghly Construction SubDivision-I, Arambagh, Hooghly. It is submitted on behalf of the petitioners that the impugned notice has been issued under the West Bengal Highways Act.

Mr. Banerjee appears on behalf of the State and submits that the petitioners have an alternative efficacious statutory remedy under the aforesaid Act. In view of the statutory remedy available to the petitioners, I am of the view that the present petition is not maintainable.

WPA 312 of 2020 is dismissed as not maintainable. However, there will be no order as to costs.

(Ravi Krishan Kapur, J.)