Pradip Kumar Maity And ORS v. State Of West Bengal And ORS.

30-11-2021 ct no. 13 Sl.45 sp WPA 1240 of 2021 Pradip Kumar Maity & Ors.

Versus

The State of West Bengal & Ors.

(Via Video Conference) Mr. Debasish Das ...for the petitioners Sk. Md. Galib, Ms. Sujata Ghosh ...for the State Mr. Susovan Sengupta, Mr. Srikanta Paul ...for the State/respondents The petitioners complain that the private respondents have encroached upon a land in front of the petitioners' land which is plot no. 1 within Mouza - Rason, J.L. No. - 128, P.S.- Egra, District Purba Medinipur.

The private respondents are stated to have made encroachment on plot no. 3 of the same address. The said land is stated to be that of the PWD.

The petitioner has addressed a representation dated March 11, 2020 to the Executive Engineer, Tamluk Highway Division, PWD, Assistant Engineer, Contai Highway SubDivision, PWD and Sub-Assistant Engineer, Egra Highway Section, PWD, Purba Medinipur, which remains unconsidered till date.

In that view of the matter, the Executive Engineer being respondent no.5 shall cause an enquiry into the allegations of the petitioners against the private respondents and ascertain as to whether the same is Plot no.3 is PWD's land or not.

Needless to mention if the land is, in fact, found to be PWD's immediate and appropriate steps be taken by the Executive Engineer under the provisions of West Bengal Highways Act, 1964. It is expected that the aforesaid exercise shall be completed at the office of the Tamluk Highway Division, mandatorily and positively within a period of one month from the date of communication of a copy of this order.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this judgment, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)