Rama Prasad Sarkar v. State Of West Bengal And ORS.

May 17, 2022 Serial No.32 Court No.1 SG WPA(P) 162 of 2022 Rama Prasad Sarkar vs.

The State of West Bengal and others Mr. Rama Prasad Sarkar ... petitioner in person Mr. Amal Kr. Sen, Mr. Lal Mohan Basu, Advocates ... for the State Ms. Monjuli Chowdhury, Ms. Mekhla Sinha, Advocates ... for respondent No.12 Mr. Soumya Ray, Ms. Amita Chakraborty, Advocates ... for respondent No.14 The petitioner is seeking a direction to the official respondents to remove alleged unauthorised encroachment on the public road for smooth plying of vehicle in Andul Mouri area.

Learned counsel for the State has pointed out that the petitioner had made the representation in this regard which was forwarded by the Chief Engineer(HQ.), P.W.Dte to the Superintending Engineer, Nabanna Circle vide communication dated 17.03.2022 but no action has been taken. It is undisputed that in the representation the petitioner had mentioned about encroachment in village Mansai which was a typographical error. Learned counsel for the State has ensured that if the petitioner gives full particulars of encroachment then due action will be taken.

WPA(P) 162 of 2022 Hence, we dispose of the present petition permitting the petitioner to furnish full particulars of the alleged encroachment before respondent No.5 who on receipt of the same will duly identify the unauthorised encroachment and take action in accordance with law in respect of removal of alleged unauthorised encroachment. Let this exercise be completed within a period of 3 months from the date of receipt of particulars of encroachment by respondent No.5.

Accordingly, the present petition is disposed of. Urgent certified copies of this order, if applied for, be made available to the parties upon compliance of requisite formalities.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]