Ms. Aktaran Begam v. The State Of West Bengal And ORS.

Item- 12.

10-11-2025 WPA 17488 of 2024 Ct. 19 sg Aktaran Begam

Versus

The State of West Bengal & Ors.

Mr. Ashik Iquebal Mr. Rameshwar Sinha Ms. Debanjana Sen ...for the petitioner Mr. Amit Meharia Ms. Paramita Banerjee Mr. Sayan Dey Mr. Yash Mahoria ...for the respondent no.4 Mr. Chandi Charan De, Addl. Govt. Pleader Mr. Anirban Sarkar ...for the State On the prayer of the learned Advocate for the petitioner, leave is granted to the learned Advocate for the petitioner to implead the Project Director, National Highways Authority as a party respondent to this writ petition. Let such amendment of the cause title of this writ petition be carried out, here and now.

Since the National Highways Authority of India (NHAI) is represented by the learned Advocate, there is no necessity to serve a fresh copy of the writ petition upon the Project Director. However, the learned Advocate-on-Record for the petitioner shall be obliged to serve amended copy of the writ petition upon the learned Advocates for the NHAI and the State by 12th November, 2025.

The petitioner claims to be the owner of plots of land in LR Dag Nos. 3341 and 3342 within Mouza Banitala, under Police Station Uluberia in the District of Howrah. The petitioner alleges that the private respondents have

constructed a boundary wall on the national highway thereby obstructing the ingress and egress of the petitioner from his property to the national highway. The petitioner claims to have submitted representations before the various authorities including the Chairperson, National Highways Authority of India.

The learned Advocate appearing for the petitioner submits that no decision on such representation has been communicated to the petitioner till date.

The learned Advocate representing the NHAI submits that an allegation with regard to encroachment upon the national highway is to be considered by the Project Director and no representation to the Project Director has been submitted by the petitioner herein.

However, since the petitioner has submitted a representation before the Chairperson, NHAI, I direct the Chairperson, National Highways Authority of India, being the respondent no.4 herein, to forward the representation dated 6th July, 2024 to its Project Director being the added respondent, who shall, upon receipt of the said representation, consider the same and dispose of such representation by passing a reasoned order after giving an opportunity of hearing to the petitioner or any other persons, who may be affected by such order and to communicate such order to the respective parties immediately thereafter.

The entire exercise shall be completed as expeditiously as possible but positively within a period of eight weeks from the date of communication of the server copy of this order along with copy of the representation dated

6th July, 2024.

With the above directions, this writ petition, being WPA 17488 of 2024 is, accordingly, disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)