Lakshmi Das Bhaumik Alias Lakshmi Bhaumik v. State Of West Bengal And ORS.

29.06.2026 Item No.20 Ct. No. 19 RP WPA/12893/2026 LAKSHMI DAS BHAUMIK ALIAS LAKSHMI BHAUMIK VS STATE OF WEST BENGAL AND ORS.

Mr. Amal Krishna Samanta Mr. Arun Kumar Das ... For the Petitioner Mr. Nilanjay Bhattacharya, Sr. Standing Counsel Ms. Jayita Dhar Chakraborty ... For State Mr. Golam Mostafa Mr. Subir Sabud Mr. Surajit Maity Mr. Priyam Ghosh ... For Respondent Nos.7,8,9, 10 1.

The writ petitioner, the respondent/State and private respondents are represented by their respective learned counsels.

2.

Affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

3.

By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ and/or writs against the respondent authorities, more specifically against the respondent no.5 authority, to remove encroachment and/or

unauthorized construction over Tamluk-Panskura State Highway in front of the writ petitioner's land, particulars of which has been mentioned in paragraph 2 of the instant writ petition.

4.

At the time of hearing the learned advocate appearing on behalf of the writ petitioner submits before this Court that from the materials as placed before this Court it would reveal that the writ petitioner is the owner of 09 decimal of land in RS & LR Plot No.1045 in MouzaMurarikalua, PS-Tamluk. It is submitted that it is the specific case of the writ petitioner that the private respondents have deliberately raised a construction over Tamlum-Panskura State Highway and as a result of such unauthorized construction petitioner is not getting free access to her own purchased land.

5.

Drawing attention to page nos.33 to 37 of the instant writ petition, being a copy of

the representation dated 25.02.2026 as submitted by the writ petitioner to the respondent authorities, it is argued that despite submission of such representation no action has been taken by the respondent authorities and, thus, the writ petitioner was compelled to file the instant writ petition.

6.

Per contra, learned advocate appearing for respondent/State submits that she has got no objection in the event the respondent no.5 authority is directed to consider the representation dated 25.02.2026 in accordance with law and to take appropriate action thereafter, if there be any.

7.

Such contention is, however, opposed on behalf of the private respondents. It is argued that in absence of any cogent material there cannot be any justification to pass a favourable order in favour of the writ petitioner.

8.

Considered the entire materials as placed before this Court and after hearing the learned advocates for the contending parties this Court while disposing the instant petition directs respondent no.6 authority to cause a field verification at the disputed plot of land after serving prior notice to the writ petitioner and/or the private respondents and/or any other stakeholders.

9.

The respondent no.6 authority after such filed verification shall submit a demarcation report with the respondent no.5 authority within 30 working days from the date of communication of the server copy of today's order.

10.

The respondent no.5 authority on receipt of the demarcation report from the respondent no.6 authority shall give notice both to the writ petitioner and the private respondents and/or any other stakeholder and after giving due chance of hearing shall pass a reasoned order on

representation 25.02.2026 as submitted by the writ petitioner and shall forthwith communicate the same to the petitioner and private respondents.

11.

The entire exercise as indicated above shall have to be completed within 45 working days from the date of receipt of demarcation report from respondent no.6 authority.

12.

The time limit, as indicated above, is peremptory and mandatory.

13.

It is made clear that while disposing the instant writ petition this Court has not gone into the merits of the instant writ petition and, thus, all points are kept open for adjudication by the respondent no.5 authority.

14.

Liberty is given to the learned advocateon-record for petition to communicate the server copy of this order to the respondent nos.5 and 6

authority, who are directed to act on the basis of the server copy of the order.

15.

In view of the above observations, this writ petition is disposed of.

16.

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

(PARTHA SARATHI SEN, J.)