Chhaya Satpati & ORS v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 18986 OF 2019 FRIDAY Court : MB-07 Item : AD-15 Status : DO ID : 266057 AR : NANDY CHHAYA SATPATI & ORS.

VS.

THE STATE OF WEST BENGAL & ORS.

MR. SUSOVAN SENGUPTA, ADVOCATE MR. MANAS KUMAR SADHU, ADVOCATE ......for the State

1. Despite repeated call the petitioner remain unrepresented.

2. Mr. Sadhu, learned Advocate representing the petitioner produced a report and submitted that the Assistant Engineer has already issued a notice under Section 10(1) of The West Bengal Highways Act, 1964 and directed the private respondents to remove the unauthorized construction from the property belonging to highway authorities. However, the private respondents did not comply with the instruction contained in the said notice.

3. In view thereof, the Assistant Engineer is at liberty to refer the matter to the Sub-Divisional Officer (SDO) in accordance with the provisions of Section 10(3) of the said Act. If such reference is made, it is expected that the SDO shall dispose of the same in accordance with law after affording an opportunity to all the interested parties.

4. With these order and observations, WPA 18986 of 2019 is disposed of.

(PARTHA SARATHI CHATTERJEE, J.)

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