Pulakesh Panday And ORS v. State Of West Bengal And ORS.

D/L 10 14.08.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18722 of 2025 Pulakesh Pandey & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Soumavo Mukherjee Mr. Sunil Kr. Gupta Mr. Indranil Munshi ...for the Petitioner.

Ms. Parna Roy Chowdhury Ms. Debleena Ghosh ...for the State.

1. The petitioners are aggrieved by the steps taken by the State respondents in removing the unauthorized occupants from the public road.

2. It appears that the petitioners have lost before the Sub Divisional Officer and also before the District Magistrate being the appellate forum.

3. The fact finding authorities have come to a conclusion that the petitioners were occupying a portion of the government road. Steps have already been taken for removal of the unauthorized occupants. The petitioners are unable to produce any document permitting them to occupy the government land.

4. The Court does not find any reason to interfere with the process initiated by the authority for removal of the unauthorized occupants.

5. Accordingly, the writ petition fails and is hereby dismissed.

6. It is made clear that the Civil Suit being T.S. Case No. 33 of 2024 pending before the Civil Judge (Junior Division), 2nd Court, Berhampore is not being adjudicated in the instant writ petition and the pending suit will proceed on merits.

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

(Amrita Sinha, J.)