Sk Amir Ali And ORS. v. State Of West Bengal And ORS.

Item- 33.

16-06-2026 WPA 12691 of 2026 Sk. Amir Ali & Ors.

Ct. 19 sg

Versus

State of West Bengal & Ors.

Sk. Sahjahan Ali ...for the petitioners Mr. Nilanjan Bhattacharjee Ms. Jayita Dhar Chakraborty Mr. Rajen Dutta ...for the State Mr. Arun Kumar Das ...for the private respondents Affidavit of service filed in Court is taken on record. The petitioners claim to be the owners of a plot of land being LR Dag No. 693/1239, JL 244, within Mouza Jagti, under Police Station Patashpur, in the District of Purba Medinipur. The petitioners state that a PWD road from Kharui More to Itaberia Road is running adjacent to the aforesaid property of the petitioner. The petitioners allege that the private respondents have raised an unauthorized construction by encroaching upon the PWD road thereby causing obstruction to the ingress and egress of the petitioners from his property to the PWD road. The petitioners submitted a representation before the Assistant Engineer, Public Works Department, Contai Highway Sub-Division, praying for removal of encroachment upon the PWD road.

The learned Advocate appearing for the petitioners submit that in spite of receipt of such representation, no steps have been taken by the respondent authorities to remove the encroachment from the PWD road till date.

The learned Advocate appearing for the private respondents submits that the private respondents are the owners of the plots of land being LR dag Nos. 694 and 695.

He further submits that the portions of the aforesaid plots have been acquired for the purpose of construction of the PWD road. He submits that a proceeding for payment of compensation in respect of the said acquired portion is pending before the concerned authority. He further submits that the private respondents have put up fencing on the unacquired portion of the aforesaid plots of land and no portion of the PWD road has been encroached upon by the private respondents.

Mr. Bhattacharjee, learned Senior Standing Counsel submits that necessary steps shall be taken in accordance with law if any encroachment from the PWD road is found.

receipt of a server copy of this order along with a copy of the representation which is annexed at page 26 of the writ petition.

Needless to mention that if it is found that there has been no encroachment upon the PWD road, such decision shall also be communicated by the fourth respondent to the petitioners and others within the time limit as indicated hereinbefore.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)