Mirza Mujibar Alam Baig v. State Of West Bengal And ORS.

D/L- 12 12/02/2026 Ct. No.-19 Aritra WPA 2835 of 2026 Mirza Mujibar Alam Baig Vs.

The State of West Bengal & Ors.

Mr. Srijib Chakraborty Mr. Washim Akthir Dafader ....for the petitioner Ms. Rama Halder Ms. Debangana Dey Nayak ....for the State Affidavit of service filed in Court today is taken on record.

In spite of service none appears for the private respondents.

State is represented by its learned advocate. Petitioner claims to be the recorded owner of Dag Nos.119 and 120 under Khatian Nos.1237 and 1585, J.L. No.97 within Mouza-Jaykrishnapur under Police StationPanskura in the District of Purba Medinipur. Petitioner states that a PWD road is lying adjacent to the aforesaid property of the petitioner. Petitioner alleges that the private respondents have raised an unauthorised construction by encroaching upon the PWD road just in front of the aforesaid property of the petitioner thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road.

Mr. Chakraborty, learned advocate appearing for the petitioner submits that the petitioner has submitted a representation dated December 10, 2025, requesting the Assistant Engineer, Panskura Highway Sub-Division, Public Works (Roads) Directorate, Panskura to take necessary steps for removal of encroachment from PWD road. He submits that in spite of receipt of such representation, no steps have been taken by the said respondent till date.

The learned advocate appearing for the State submits the necessary steps in accordance with law shall be taken if any encroachment upon PWD road is found. In the light of the submission made by the learned advocates for the respective parties and without entering into the merits of the claim made by the petitioner in the representation dated December 10, 2025, WPA 2835 of 2026 stands disposed of by directing the Assistant Engineer, Panskura Highway Sub-Division, Public Works (Roads) Directorate, Panskura, being the respondent No.3 to consider the representation of the petitioner dated December 10, 2025 and after causing necessary enquires and demarcation of the plot in question through competent Officials/Amin/Surveyor and if any encroachment upon the PWD road is found, necessary proceeding in accordance with Section 10 of the West Bengal Highways Act, 1964 shall be initiated and the entire exercise 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 together with a copy of the representation dated December 10, 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.)