Gourhari Das v. State Of West Bengal And ORS.

D/L- 16 25/11/2025 Ct. No.-19 Aritra WPA 20591 of 2025 Gourhari Das Vs.

The State of West Bengal & Ors.

Ms. Reshmi Khatun ....for the petitioner Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ....for the State Mr. Basabraj Chakraborty Mr. Tirumala Chakraborty Mr. Indrajit Roy ....for the respondent Nos.10-12 Affidavit of service filed in Court today is taken on record.

The learned advocate appearing for the petitioner submits that the respondent authorities have been duly served.

The petitioner claims to have obtained a patta land under the provisions of the West Bengal Land Reforms Act measuring about 33 satak under Mouza-Akshaynagar under Police Station-Kakdwip (presently Harwood Point Coastal Police Station) in the District of South 24Parganas being Dag No.3441. The petitioner states that there is a PWD road adjacent to the aforesaid property of the petitioner. The petitioner alleges that the private respondents have raised an illegal and unauthorised construction on the PWD road in front of the property of the petitioner thereby

obstructing the ingress and egress of the petitioner from his property to the PWD road.

The petitioner submitted a representation dated August 10, 2025 praying for removal of encroachment from the PWD road.

The learned advocate appearing for the petitioner submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities. The private respondents are represented by its learned advocate.

He submits that the private respondents have not encroached upon the PWD road. However, since an allegation of encroachment of a PWD road has been made it is the duty of the respondent authorities to take steps in accordance with law. Mr. Mahata, learned Additional Government Pleader appears for the State. He submits that the respondent authorities shall take steps in accordance with law within the time limit that may be fixed by this Court. WPA 20591 of 2025 stands disposed of by directing the Assistant Engineer, Kakdwip Highway Sub-Division, Public Works (Roads) Directorate being the respondent No.7 to consider the representation of the petitioner dated August 10, 2025 and if any encroachment is found to take steps in accordance with the provisions of Section 10 of the West Bengal Highways Act, 1964 and shall complete the entire exercise under the said Act as expeditiously as possible but positively within a period of 6 weeks from the

date of receipt of a server copy of this order along with a copy of the representation dated August 10, 2025. There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)