Madan Gopal Maity v. State Of West Bengal And ORS.

10th January, (AK) W.P.A 11578 of 2023 Sri Madan Gopal Maity Vs.

The State of West Bengal and others Ms. Sanghamitra Nandy ...for the petitioner.

1.

The grievance of the petitioner is that despite the petitioner's repeated representations, the respondent authorities are not taking any steps for removal of unauthorized encroachments on public property immediately adjacent to the petitioner's plot.

2.

Despite service, none appears for the respondents. 3.

Affidavit-of-service and receipt of notice of service filed today be kept on record.

4.

In view of the specific allegations of the petitioner, WPA 11578 of 2023 is disposed of by directing the respondent no.2 to enquire into the representations given by the petitioner, if necessary by seeking a report from the concerned BL & LRO, as to whether there has been any unauthorized encroachment of Government property adjacent to the petitioner's land.

5.

Such enquiry shall be concluded within an outer limit of three weeks from the date of

communication of this order to the respondent no.2, that is, the Executive Engineer, Midnapore Highway Division No.-1, PWD.

6.

Immediately thereafter, in the event it is revealed that there is such unauthorized construction, the respondent no.2 shall take steps to initiate proceedings under the appropriate provisions of law through the appropriate authorities for removal of such unauthorized encroachment.

7.

It is expected that such proceeding shall be undertaken and concluded as expeditiously as possible, preferably within six months from the date of the enquiry being completed by the respondent no.2.

8.

There will be no order as to costs.

9.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)