Narendra Pramanik v. The State Of West Bengal And ORS.

05.03.2025 Item No. 15 Crt.No.02 b.r. WPA 4050 of 2025 Narendra Pramanik -vsThe State of West Bengal & Ors.

Mr. Rajib Kumar Acharya Mr. Bansi Badan Maity Mr. Gautam Malik .... For the petitioner.

Mr. Ram Chandra Guchhait Mr. Bibekananda Tripathy .... For the State.

Mr. Ritwik Pattanayak .... For the Resp. no.10.

Affidavit of service filed in Court today, is taken on record.

Mr. Rajib Kumar Acharya, learned advocate appears for the petitioner.

Mr. Bibekananda Tripathy, learned advocate appears for the State-respondents.

Mr. Ritwik Pattanayak, learned advocate appears for the private respondent no.10.

The petitioner complains of an alleged encroachment and unauthorized construction on the PWD land at the behest of the private respondents. The petitioner submitted a representation dated February 12, 2025 annexure p-1 at pages- 14-15 to the writ petition, but the same has not yet been dealt with.

Learned State counsel has submitted a copy of the report of the jurisdictional Assistant Engineer, PWD, the same is taken on record. He has further submitted a report of the Inspector-in-Charge of the jurisdictional police station, the same is also taken on record. Learned State counsel submits that both these reports have confirmed the encroachment at the behest of the private respondents.

Learned counsel for the private respondent has denied and disputed the submission made on behalf of the petitioner. He submits that there has been no encroachment. He submits that whatever construction has been done, it is done on the land of the private respondent. He further submits that the writ petition will show that allegation has been made that the private respondent has encroached the petitioner's land. In view of the above, the jurisdictional Block Land and Land Reforms Officer (B.L. & L.R.O) upon prior notice to the petitioner and the private respondents shall cause a physical inspection of the alleged encroachment and construction and shall submit his report before the petitioner, private respondents and the jurisdictional Assistant Engineer, PWD.

This exercise shall be carried out and completed by the jurisdictional B.L. & L.R.O. positively within a

period of four weeks from the date of communication of this order.

In the event such report confirms the alleged encroachment and construction on the PWD land then the Jurisdictional Assistant Engineer, PWD after issuing a prior hearing notice of at least seven days to the petitioner and the private respondents and after giving them an opportunity of hearing shall decide the said representation dated February 12, 2025 annexure p-1 at pages- 14-15 as referred to above by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the jurisdictional Assistant Engineer, PWD positively within a period of six weeks from the date of receiving report from the jurisdictional B.L. & L.R.O. The reasoned order shall be communicated to the petitioner and the private respondents positively within a period of two weeks from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merits of the case of the petitioner or the private respondents and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the jurisdictional Assistant Engineer, PWD.

In the event, the reasoned order confirms the alleged unauthorized construction and encroachment, the jurisdictional Assistant Engineer, PWD shall communicate the order to the jurisdictional SubDivisional Officer positively within a period of three weeks from the date of the said reasoned order to be passed, who shall take all necessary and consequential steps to give an immediate effect to the said reasoned order in accordance with law, positively within four weeks from the date of receiving the reasoned order from the Assistant Engineer, PWD.

This order shall not create any right or equity in favour of the petitioner and in favour of the private respondents, if they do not succeed to their respective claims before the jurisdictional Assistant Engineer, PWD strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 4050 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)