Khokan Ghosh And ANR. v. Union Of India And ORS.

09.09.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 551 Constitutional Writ Jurisdiction Sl. No. 68 Appellate Side Moumita WPA 3491 of 2025 Khokan Ghosh & Anr.

Vs.

The Union of India & Ors.

Mr. Kankan Halder ....For the Petitioner Mr. Amit Neharia Ms. Paramita Banerjee Mr. Tamoghna Chattopadhyay .....For the Respondent no. 3 The petitioners complain of arbitrary action on the part of the National Highway Authorities in putting up a barrier at a place that has impeded that petitioners' access to their agricultural land.

It is submitted that the petitioners had also made a representation dated June 25, 2024 to the Project Director which was thereafter followed up by another representation dated September 4, 2024, made by the petitioners through their learned advocate, but despite such representations, no action has been taken by the said Project Director.

The Respondent Nos. 3 and 4 are represented.

The learned Advocate for the Respondent Nos. 3 and 4 submits that the Respondent No. 3 has been wrongly described as "Project Director Crash Barrier Project of NH12" while the same should be Project Director PIU,

Krishnanagar, Nadia.

Having heard the learned Advocates appearing for the respective parties and having considered material on record, this court is of the view that no useful purpose will be served by calling for affidavits and keeping the writ petition pending. Since, the writ petitioners have already made representations before the Project Director, therefore, the Project Director PIU, Krishnanagar, Nadia should consider and dispose of the petitioners' representation dated September 4, 2024 (annexure P-4 at pages 55 to 57 of the writ petition) strictly in accordance with law, within a period of six weeks from the date of communication of this order.

It is made clear that this Court has not gone into the merits of the case and the Project Director PIU, Krishnanagar, Nadia shall be free to take a decision on the petitioners' representation in accordance with law. Needless to mention that the said Project Director shall pass a reasoned order within the aforesaid time and shall communicate the same to the petitioner within a week from the date of passing thereof.

WPA 3491 of 2025 stands disposed of, no order as to costs.

(Om Narayan Rai, J.)