Sarat Chandra Mondal v. State Of West Bengal And ORS.

AD. 17.

November 17, 2021.

MNS.

(Through Video Conference) WPA No. 14837 of 2021 Sarat Chandra Mondal Vs.

The State of West Bengal and others Mr. Dilip Kumar Sinha ... for the petitioner.

Mr. Samrat Sen, Ms. Manali Ali ...for the State-respondents.

Affidavit-of-service filed in Court today be kept on record.

Heard counsel for both the parties.

The grievance of the petitioner is that the private respondents have encroached upon a land belonging to the Highway authorities, which was being used and enjoyed by the petitioner.

It is pointed out that, in the event of removal of illegal encroachment is to be undertaken, Section 10 of the West Bengal Highways Act, 1964 ought to be resorted to. In the present cas,e no such procedure has been initiated by the respondent authorities despite the representation dated January 4, 2021, appearing at page 30 (Annexure- P-5) of the writ petition having been given by the petitioner.

Since the dispute concerns the consideration of documentary materials and other evidence, the writ Court is not inclined to interfere with the matter at this

stage. However, WPA 14837 of 2021 is disposed of by directing the respondents no. 3 and/or 4 to consider and decide upon the representation given by the petitioner annexed as Annexure- P-5 at page 30 of the writ petition, dated January 4, 2021, upon hearing the concerned parties, at the earliest. The Block Land & Land Reforms Officer concerned, if so approached by the respondent-authorities, shall expedite the demarcation of the property-in-dispute and give his/her report to the authorities at the earliest in order to ensure compliance of this direction. Such exercise should be completed within six weeks from date.

The petitioner shall communicate the gist of this order, along with a server copy thereof, on the private respondents within a week from date.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)