Sk Golam Mainuddin v. State Of West Bengal And ORS.

01.03.2022.

Item No. 14.

Court No.13 ap W.P.A. No. 3443 of 2022 (Through Video Conference) Sk. Golam Mainuddin

Versus

The State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharya, ld. Sr. Adv., Ms. Reshmi Ghosh, Mr. Dibyendu Chatterjee, Ms. Piyali Paul.

..For the petitioner.

Mr. Ansar Mondal, ld. AGP, Ms. Sipra Majumder, Mr. Saugata Mitra.

...For the State.

Mr. Dilip Kumar Sinha.

...For the respondent nos.3 & 4.

Affidavit-of-service filed in Court today be taken on record.

Inspector-in-charge, Panskura Police Station has filed a report dated 28th February, 2022 in the form of instructions to the learned Government Advocate. The same is taken on record.

It is clear and evident from the said instructions that there is a construction in front of the writ petitioner's residence, which is on the land belonging to PWD and the same is being occupied by Trade Unions and the members of the current ruling dispensation. Until 2016, the said property was in the occupation of then ruling dispensation.

This Court notes in no uncertain terms that the property belongs exclusively to the PWD and is on a National Highway.

In that view of the matter, the Executive Engineer, PWD, Tamluk shall immediately take steps to demolish the said construction and take possession of the said property on behalf of Public Works Department, Government of West Bengal.

The Inspector-in-charge, Panskura Police Station and the Superintendent of Police, Purba Medinipur shall render all assistance to the Executive Engineer, PWD, Tamluk in the aforesaid process. It is also ordered that any obstruction to the petitioner's entrance path and if the said path is on public land, shall also be removed.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)