Joydev Mallick v. State Of West Bengal & ORS.

03.10.2023 Item No.21 gd/ssd WPA/20308/2018 JOYDEV MALLICK VS STATE OF WEST BENGAL & ORS.

Mr. Kanai Lal Kanji, Ms. Shikha P. Chowdhury ..for the Petitioner.

Mr. Shamim ul Bari ..for the State.

Mr. Partha Sarathi Mondal, Mr. Antara Das ..for the Respondent Nos.10 to 13.

1. The petitioner has filed this writ petition alleging that the respondent nos.10 to 13 had put up an illegal and unauthorized construction in a land vested to the Public Works Department.

2. The learned advocate appearing for the respondent nos.10 to 13 would submit that the said respondents are economically very poor and they have no other place to reside.

3. In any event, any private party cannot encroach the land of the Public Works Department or a government land.

4. Therefore, we direct the 5th respondent to consider the petitioner's representation, to conduct a spot inspection of the area and proceed to take action in accordance with law. The petitioner is directed to submit a copy of the representation and a copy of this

order and appear in person in the office of the 5th respondent and submit the same after which the above direction shall be complied with by the 5th respondent.

5. With the above observation, the writ petition stands disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)