Tapas Goldar v. State Of West Bengal And ORS.

In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 03.03.2025 Court No. 14 AGM WPA 19336 of 2023 Tapas Goldar vs.

The State of West Bengal & Ors.

Mr. Animesh Paul.

Ms. Susmita Ghoroi.

Ms. Aindrila Chatterjee.

... For the petitioner.

1. The petitioner is aggrieved by the notice issued under Section 10(1) of the West Bengal Highway Act, 1964 for removal of encroachment over the Government land.

2. The aforesaid notice was issued pursuant to the order passed by the Court on 5th September, 2022 in WPA 15632 of 2022 (Mrinal Kanti Das & Anr. Vs- The State of West Bengal & Ors).

3. Learned advocate for the petitioner submits that the petitioner is no way connected with the subject land. The notice was erroneously issued to him.

4. It appears that prior to filing the instant writ petition, the petitioner never made any representation before the authority highlighting his grievances.

5. None appears on behalf of the respondents.

6. Affidavit-of-service filed today in Court be kept with the records.

7. As it appears that the notice was issued in compliance of the direction passed by this Court, it will be open for the petitioner to raise all issues before the competent authority by filing a comprehensive representation.

8. In the event such representation is filed, the same shall be considered by the authority in accordance with law.

9. The writ petition stands disposed of.

10. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)