Amiya Kumar Das v. The State Of West Bengal And ORS.
Court No. 19 WPA 14394 of 2025 (265719) Amiya Kumar Das 06.03.2026 (AD 12) (S. Banerjee) Vs.
The State of West Bengal & Ors.
Mr. Kamal Mishra ...for the petitioner Mr. Soumitra Bandyopadhyay Mr. Ramchandra Guchhait ...for the State Mr. Chittapriya Ghosh Ms. Priyanka Saha ...for the private-respondent nos. 7 to 9 Petitioner claims to be the owner of a piece of land measuring 5 decimals in Dag Nos. 9264 and 9265, JL No. 16, within Mouza - Kamarda, under Khejuri Police Station in the district of Purba Medinipur. Petitioner states that there is a PWD road running adjacent to the aforesaid property of the petitioner and private-respondents have encroached upon the PWD road by constructing shops with tin roofs and as a result of such construction the petitioner's right of ingress and egress from his property to the PWD road has been obstructed. The petitioner submitted a representation before various authorities. Alleging inaction on the part of the respondent authorities, the petitioner has approached this Court.
Today when this matter is taken up for hearing, Mr. Guchhait, learned advocate appearing for the State files a report of the Block Land and Land Reforms Officer, Khejuri-I, Purba Medinipur dated February 17, 2026, which is taken on record. Copy of such report has been served upon the learned advocate appearing for the petitioner and Mr. Ghosh, learned advocate appearing for the privaterespondents.
From the enquiry report prepared by the Revenue Inspector on February 16, 2026, it prima facie appears that the petitioner has encroached upon a portion of the PWD road. It further appears from the bunch of documents filed by Mr. Guchhait that copy of the said report has been forwarded to the Assistant Engineer, Contai Highway Sub-Division, Public Works (Roads) Directorate, Contai under memo dated February 17, 2026.
Mr. Ghosh, learned advocate appearing for the private-respondents submits that the report does not indicate any encroachment at the instance of the private-respondents.
The aforesaid observation regarding encroachment is a prima facie observation of this Court and it will be open to the Assistant Engineer to
consider the said report and take steps in accordance with law.
Since the enquiry report indicates an encroachment upon the PWD road and such report having been forwarded to the Assistant Engineer, Contai Highway Sub-Division, Public Works (Roads) Directorate, Contai, being the 2nd respondent, this writ petition stands disposed of by directing the 2nd respondent to take steps in accordance with law to remove the unauthorized encroachment from the PWD road. The entire exercise shall be completed as expeditiously as possible but positively within a period of eight weeks from date.
(Hiranmay Bhattacharyya, J.)