Bahadi Marandi v. District Magistrate, Purba Medinipur And ORS.

21-03-2025 Item No.33 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.15632 of 2024 Bahadi Marandi -vsThe District Magistrate, Purba Medinipur & Ors. Mr. Aurin Chakraborty Mr. Iresh Paul ...for the petitioner Ms. Rituparna Maitra ...for the State 1.

The petitioner alleges that the private respondents are blocking ingress and egress of the petitioner's petrol pump by raising semi pucca structures over the PWD land. A complaint with regard to this was lodged before the Executive Engineer, Tamluk Division, Public Works Directorate on March 11, 2024 (Annexure P3, p.30), but the same is yet to be considered.

2.

Learned counsel for the State submits that she is yet to obtain instructions in this regard.

3.

From the documents annexed to the writ petition, it appears that there is no proof of service of the complaint upon the Public Works Directorate.

4.

However, in view of the above, the instant writ petition is disposed of by granting liberty to the petitioner to forthwith forward a complaint to the Executive Engineer, Tamluk Division, Public Works Directorate, the second respondent herein. 5.

On receipt of the complaint, the Executive Engineer shall consider and dispose of the same in accordance with law, after giving reasonable

opportunity of hearing to all the necessary parties and by passing a reasoned order. A decision shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of submission of the representation before the authority.

6.

The authority shall ensure that the Government plot of land is not encroached upon by any private party without any due sanction or permission. 7.

The written instruction and the affidavit of service filed in Court be taken on record.

8.

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

9.

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

[Amrita Sinha, J]