Prahallad Singh And ORS. v. The State Of West Bengal And ORS.

30-07-2025 Item No.10 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.15298 of 2024 Sri Prahallad Singh & Ors.

-vsThe State of West Bengal & Ors.

Mr. Sukanta Ghosh ...for the petitioners Mr. Lalit Mohan Mahato, AGP Mr. Ziaul Haque ...for the State 1.

In response to the objection raised by the petitioners alleging illegal and unauthorized encroachment of public land, the Assistant Engineer, Buniadpur Highway Sub-Division, P.W (Roads) Directorate issued notice under section 10(1) of the West Bengal Highways Act, 1964 in July 2024. Submission is that the said proceeding has not been concluded till date.

2.

It appears that as steps were initiated by the Assistant Engineer for removal of the unauthorized encroachment and structures way back in July 2024, the authority ought to have concluded the said proceeding by now.

3.

In view of the above, the instant writ petition stands disposed of by directing the Assistant Engineer, the tenth respondent herein, to take prompt necessary steps for conclusion of the proceeding initiated under section 10(1) of the 1964 Act at the earliest, upon giving reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order. The proceeding

shall positively be concluded within twelve weeks from the date of communication of this order. 4.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

5.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]