Gunendra Nath Sarkar v. The State Of West Bengal And ORS.

D/L 19 26.11.2024 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18935 of 2024 Gunendra Nath Sarkar Vs.

The State of West Bengal & Ors.

Mr. Anirban Datta ... for the Petitioner.

Mr. Susovan Sengupta Mr. Sanatan Panja ... for the respondent/Bank.

1. The petitioner alleges illegal encroachment of the State Highway. An objection before the Executive Engineer, Murshidabad Highway Division No.II P.WD.

(Roads) Directorate is pending consideration.

2. None appears on behalf of the private respondents. Affidavit of service filed in Court today is taken on record.

3. As it appears that the objection filed by the petitioner is pending consideration, accordingly, without entering into the merits of the same at this stage, the instant writ petition is disposed of by directing the Executive Engineer, Murshidabad Highway Division No.II P.WD. (Roads) Directorate, being the respondent no. 4 herein to consider and dispose of the objection filed by the petitioner, in accordance with law, after giving an opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest but positively within a period of twelve weeks from the date of communication of this order.

4. It will be open for the Executive Engineer to take necessary assistance from the concerned Block Land and Land Reforms Officer prior to passing a final order in the matter.

5. Learned advocate representing the petitioner is directed to forward a copy of the objection along with all supporting

documents to the Executive Engineer, Murshidabad Highway Division No.II P.WD. (Roads) Directorate at the time of communicating the order passed by the Court.

6. The writ petition stands disposed of.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)