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Calcutta High CourtWPA/20751/2025disposed

Sanat Sahoo And ANR. v. State Of West Bengal And ORS.

2026-06-15Hon'Ble Justice Hiranmay Bhattacharyya4 pages

Court No. 19 WPA 20751 of 2025 (265719) Sanat Sahoo & Anr.

15.06.2026 (A 127) (S. Banerjee) Vs.

State of West Bengal & Ors.

Mr. Mridul Kanti Sasmal ...for the petitioners Mr. Nilanjan Bhattacharjee, Sr. Advocate Ms. Jayita Dhar Chakraborty ...for the State Affidavit of service filed in Court today, is taken on record.

Learned advocate appearing for the petitioners submits that some of private-respondents received the copy of the writ petition and the envelopes in respect of others returned unserved. Petitioners claim to be the recorded owner of a plot of land being Dag No. 645/879, JL No. 306 within Mouza - Debra, under Debra Police Station in the district of Paschim Medinipur. Petitioners state that on the western side of the aforesaid property, there is a PWD road. Petitioners allege that the private-respondents have raised construction by encroaching upon PWD road thereby obstructing the ingress and egress of the petitioners from their property to the PWD road. Petitioners submitted a representation before Kelaghai Bridge Highway Sub-Division, PWD(Roads)

by a letter dated April 9, 2025 requesting such authority to remove encroachment from the PWD road.

Learned advocate appearing for the petitioners submits that in spite of receipt of such representation the respondent authorities have not taken any effective step for removal of encroachment apart from forwarding a letter to the concerned Block Land and Land Reforms Officer for demarcation of the disputed property.

Mr. Bhattacharjee, learned advocate appearing for the State submits that necessary steps for demarcation shall be taken as expeditiously as possible and if upon such demarcation it is found that there has been any encroachment upon the PWD road, steps for removal of the same shall be taken. In the light of the submissions made by the learned advocates appearing for the respective parties this writ petition stands disposed of with the following directions:

i) The Block Land and Land Reforms Officer, Debra is directed to carry out the work of demarcation of the plot in question in terms of the memo no. 567 dated September 9, issued by Keleghai Bridge

Highway Sub-Division, PWD (Roads) and prepare a demarcation report along with the sketch plan thereof upon prior service of notice to the petitioners, the privaterespondents and any other person who may been affected by such demarcation.

ii) The work of demarcation shall be completed as expeditiously as possible but positively within a period of four weeks from the date of receipt of a server copy of this order.

iii) After completion of the work of demarcation, the demarcation report along with the sketch plan shall be forwarded to the petitioners, the private-respondents and any other person who may be affected by such demarcation as well as to the Keleghai Bridge Highway Sub-Division, PWD (Roads).

iv) Upon receipt of the copy of the demarcation report and the sketch plan, if any encroachment upon the PWD road is found, the Assistant Engineer, being the 2nd respondent, shall initiate proceedings under the relevant statute for removal of encroachment from the PWD road and complete entire exercise as

expeditiously as possible but positively within a period of four weeks from the date of receipt of a copy of the report from the concerned Block Land and Land Reforms Officer.

v) Needless to mention that if upon demarcation it is found that there has been no encroachment, the same decision shall also be communicated to respective parties within time stipulated above.

(Hiranmay Bhattacharyya, J.)