Nanda Gopal Rudra And ANR. v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 10.03.2025 Ct. no.2 Sl. 29 Moumita WPA 4795 of 2025 -------------- Nanda Gopal Rudra & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Haradhan Mondal .... For the Petitioners Mr. Ayan Banerjee Mr. Amrit Lal Chatterjee .... For the State Affidavit-of-service, filed in Court today, is taken on record.

This is a second round of writ litigation.

Mr. Harradhan Mondal, learned advocate appears for the petitioners.

Mr. Amrit Lal Chatterjee, learned State Advocate led by Mr. Ayan Banerjee, learned Senior Advocate appears for the respondent nos. 1 to 7.

The respondent nos. 8 and 9 are not represented. The petitioners alleged unauthorized construction upon encroachment of PWD land at the behest by the private respondent no. 9.

Pursuant to the direction made by the co-ordinate bench earlier proceeding under Section 10 of the West

Bengal Highways Act, 1964 has already been initiated as would be evident from the notice dated January 30, 2025 Annexure P-13 at page 40 to the writ petition. The proceeding is awaited for its disposal.

In view of the above, the appropriate state authority shall proceed and conclude the said Section 10 proceeding positively within a period of eight weeks from the date of communication of this order. The state authorities shall proceed with the proceeding upon prior notice to the private respondent no. 9, at the stage whatever necessary, after granting him an opportunity of hearing and by passing a reasoned order.

In the event any police assistance is required by the state authority and if such assistance is sought for, the local police authority shall provide all necessary assistance in accordance with law.

It is made clear, that this court has not gone into the merits of the writ petition.

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 4795 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.)