Anjusri Saha v. State Of West Bengal And ORS.
D/L- 18 09/03/2026 Ct. No.-19 Aritra WPA 5121 of 2026 Anjusri Saha Vs.
The State of West Bengal & Ors.
Mr. Partha Sarathi Bhattacharya Mr. Timir Baran Saha Mr. Sudip Sarkar Ms. Sneha Maity ....for the petitioner Mr. Chandi Charan De, AGP Ms. Saswati Chatterjee ....for the State Affidavit of service filed in Court today is taken on record.
The petitioner claims to be the recorded owner of Plot No.378 within Mouza-Palashipara under Police Station-Tehatta in the District of Nadia.
The petitioner alleges that the authorities of the Public Works Department (Roads) have started construction of a boundary wall on the said property without initiating any proceeding for requisition or acquisition.
From the materials disclosed in the writ petition it appears that south-east portion of Plot No.378 measuring about 0.12 acres has been acquired and the land acquisition plan has also been annexed to the writ petition. Thus it appears that a portion of Plot No.378 was the subject matter of an acquisition proceeding.
The petitioner submitted a representation before the Executive Engineer, Public Works Department (Roads), Nadia Division, dated February 10, 2026, requesting the said authorities to consider the prayer of the petitioner for demolition of the boundary wall on the raiyati property of the petitioner.
The learned advocate appearing for the petitioner submits that no decision on such representation has been communicated to the petitioner till date.
Mr. De, learned Additional Government Pleader submits that the decision on the representation shall be communicated to the petitioner within the time limit that may be fixed by this Court.
In the light of the submissions 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 February 10, 2026, WPA 5121 of 2026 stands disposed of by directing the Executive Engineer, Public Works Department (Roads), Nadia Division, being the respondent No.4 to consider the representation of the petitioner dated February 10, 2026 and to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or any other parties, who may be affected by such decision and communicate the reasoned order to the petitioner as expeditiously as possible but positively within a period of 3 weeks from the date of receipt of a server copy of this order
along with a copy of the representation dated February 10, 2026.
It will be open to the Executive Engineer, Public Works Department (Roads), Nadia Division, being the respondent No.4 to take assistance of the concerned Block Land & Land Reforms Officer, in case the same is necessary for the purpose of carrying out the demarcation. If a request is made, the concerned Block Land & Land Reforms Officer shall also render necessary assistance and co-operation in that regard.
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.)