Koushik Maiti v. State Of West Bengal And ORS.

24.09.2025 Sl.No. 19 Ct.No. 23 Amalranjan In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 13063 of 2025 Koushik Maiti Vs.

The State of West Bengal and ors.

Mr. Praloy Bhattacharjee Ms. Tanusree Ghosh Mr. Koushik Roy ...for the petitioner Ms. Suman Biswas ...for the State respondents

1. Affidavit of service, filed by the petitioner, is taken on record.

2. The petitioner filed this writ petition seeking a direction upon the respondent authorities, particularly the respondent nos. 2 to 7 to prevent the private respondent nos. 10 to 20 from affecting further construction and to demolish the illegal and unauthorized construction carried out by them.

3. It is the specific case of the petitioner that the private respondent nos. 10 to 20 have already constructed pucca structure over the PWD land and have also encroached upon the public road thereby obstructed the ingress - egress of the

petitioner who is the owner of adjoining Plot no. 1201 of total area of land 7 Satak, class- Shali, Doba and farming land.

4. The petitioner made a representation before the Chief Engineer, the respondent no. 5 against such illegal construction but in vain.

5. The representation dated 25.03.2025 is under consideration of respondent no. 5.

6. No useful purpose would be sub-served in keeping the writ petition pending.

7. Upon hearing the parties and in view of the above facts, the respondent no. 6 is directed to dispose of the representation dated 25th March, 2025 annexed with the writ petition (Annexure P-1) upon giving an opportunity of hearing to the petitioner as well as the private respondents and other necessary parties and decide the same within a period of 8 weeks from the date of communication of this order and pass a reasoned order.

Copy of the order be communicated to the petitioner and the respondents within one week thereafter.

8. If it is found that the allegation is true then appropriate steps for removal of the unauthorized construction shall be taken in accordance with law.

9. With the above observations, the writ petition being WPA 13063 of 2025 is, thus, disposed of without any order as to costs.

10. However, it is made clear that as the affidavits were not called for, the allegations made in the writ petition are deemed not to have been admitted.

11. All parties shall act in terms of the server copy of this order duly downloaded from the official website of this Court.

(Ajay Kumar Gupta, J.)