Nurul Huda Mallik And ANR v. The State Of West Bengal And ORS

Item No. 8 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 14.06.2022 Ct-24 WPA 9058 of 2021 Nurul Huda Mallik & Anr.

v.

The State of West Bengal & Ors.

Mr. Gopal Chandra Ghosh Mr. S. S. Banerjee ... for the petitioners.

Mr. Bibek Jyoti Basu Mr. Uttam Kumar De ... for the State.

The petitioners allege illegal and unauthorized construction by the private respondents.

The report of the Block Development Officer, Nandigram Block mentions that both the parties i.e. the petitioners as well as the private respondents are occupying the land of the road respectively. The road is a public road.

Learned advocate for the petitioners submits that his clients will take necessary steps for removing the encroachment over the public road.

None appears on behalf of the private respondents.

As it appears from the report filed by the Block Development Officer dated May 6, 2022 that there has indeed been encroachment by the parties over the public road, accordingly, the Block Development Officer, is

directed to take all necessary steps for removal of illegal encroachment over the public road strictly in accordance with law, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.

If required, necessary assistance may be taken from the concerned police station at the time of removal of the illegal encroachment over the public road. The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)