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Calcutta High CourtWPA/9548/2026disposed

Shantanu Manna v. State Of West Bengal And ORS.

2026-06-08Hon'Ble Justice Hiranmay Bhattacharyya3 pages

Court No. 19 WPA 9548 of 2026 (265719) Sri Shantanu Manna 08.06.2026 (A 10) (S. Banerjee) Vs.

The State of West Bengal & Ors.

Mr. Manoranjan Jana ...for the petitioner Mr. Arghya Chatterjee ...for the respondent nos. 1 to 5 Affidavit of service filed in Court today, is taken on record.

Mr. Jana, learned advocate appearing for the petitioner, submits that the registered envelop addressed to the private-respondent, returned with the endorsement 'refused'. He further submits that the respondent authorities have also been duly served.

Mr. Chatterjee, learned advocate, appears and submits that he has instruction to appear in this matter for the State.

Let a copy of the writ petition be served upon Mr. Chatterjee.

The petitioner claims to be the owner of a plot of land being plot no. 350, JL No. 203, within Mouza Dakshin Basulipat, under Ramnagar Police Station in the district of Purba Medinipur. Petitioner alleges that the private-respondent has raised construction by encroaching upon the land belonging to the Public

Works Department in front of the property of the petitioner thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road. Petitioner claims to have submitted a representation dated March 16, 2026 before the Assistant Engineer, Contai National Highway SubDivision, Public Works (Roads) Directorate requesting such authority to remove the encroachment from the PWD road.

Mr. Jana, learned advocate appearing for the petitioner submits that in spite of receipt of such representation to remove the encroachment from the PWD land, no steps have been taken.

Mr. Chatterjee, learned advocate appearing for the State submits that necessary steps in accordance with law shall be taken if any encroachment upon the PWD road is found.

In the light of the submissions made by the learned advocates for the respective parties and without going into the merits of the claims made in the representation dated June 13, 2026, this writ petition stands disposed of by directing the Assistant Engineer, Contai National Highway Sub-Division, Public Works (Roads) Directorate, being the 3rd respondent, to consider the representation of the petitioner dated March 16, 2026 and after making necessary enquiry and demarcation by engaging competent Amin/Surveyor upon prior service of notice to the petitioner, the private-respondent and

any other person who may be affected by such demarcation, and upon such demarcation if any encroachment is found, appropriate proceeding in accordance with the relevant statute shall be initiated and the entire exercise under the said statute shall be completed as expeditiously as possible but positively within a period of 10 weeks from the receipt of a server copy of this order along with copy of the representation dated March 16, 2026.

(Hiranmay Bhattacharyya, J.)