Manashi Samanta v. State Of West Bengal And ORS.

23.08.2024 Ct. No. 2 Sl. No. 8 tbsr WPA 21398 of 2024 Manashi Samanta Vs.

The State of West Bengal & Ors.

Mr. Pintu Karar Mr. Akashdeep Mukherjee Mr. Sabab Uddin Laskar Mr. Sourav Roy ....for the petitioner Affidavit of service, filed in Court today, is taken on record.

None appears for the State.

The petitioner has challenged the issuance of the notice dated August 14, 2024 issued by the respondent no. 8, Annexure P-6 at page 48 to the writ petition. The impugned notice was issued under Section 10(1) of the West Bengal Highway Act, 1964 asking the petitioner to remove his alleged encroachment.

Drawing attention to an order dated June 20, 2024 passed by a Co-ordinate Bench in an earlier writ petition being WPA 11488 of 2024, Annexure P-5 at page 46 to the writ petition, learned advocate for the petitioner submits that, the representation dated April 16, 2024 which was directed to be disposed of by the jurisdictional Special Land Acquisition Officer being

respondent no. 4 herein, within a period of two months from the date of communication of that order upon granting an opportunity of hearing to the petitioner. Though the two months had elapsed on August 19, 2024 but the said representation of the petitioner dated April 16, 2024 has not yet been considered and on the contrary the said impugned notice dated August 14, 2024 has been served.

Upon considering the submissions made on behalf of the petitioner, it appears that learned counsel, Mr. Pintu Karar appearing for the petitioner has failed to demonstrate from his writ petition that the previous order dated June 20, 2024 has been communicated to the respondent no. 4. From the bar he submits that the petitioner went to serve a copy of the order upon the respondent no. 4 but such service was refused. There is no such pleading stated or evidence disclosed in the writ petition. The impugned notice shows that there has been an alleged encroachment by the petitioner on public land. The notice further shows that the petitioner has been granted an opportunity to disclose all the material documents and records before the respondent no. 8, the author of the notice. On query being raised by Court, learned counsel for the petitioner submits that

the petitioner has not submitted the documents before the respondent no. 8.

In view of the above, this writ petition is totally devoid of any merit and is liable to be dismissed. Accordingly, this writ petition WPA 21398 of 2024 stands dismissed, without any order as to costs. However, the petitioner shall be at liberty to produce the relevant documents before the respondent no. 8 positively on or before August 28, 2024 by 12 noon.

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

(Aniruddha Roy, J.)