Paresh Swarnakar And ORS v. State Of West Bengal And ORS.

Item No.15 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 29.09.2023 Ct-24 WPA 22005 of 2023 Paresh Swarnakar & Ors.

v.

The State of West Bengal & Ors.

Mr. Somnath Banerjee Mr. Aupurba Ghosh ... for the petitioners.

Mr. Indranil Roy Mr. Tapas Kumar Mondal ... for the State.

Mr. Sidhartha Sankar Mandal Mr. Tirtha Pati Acharyya ... for the respondent no. 6.

The Block Development Officer, Dubrajpur Development Block, Dubrajpur, Birbhum has forwarded a report before this Court wherefrom it appears that a field verification in presence of both the parties was conducted and encroachment was detected.

Learned advocate representing the petitioners submits that the entire stretch of the road has been encroached.

It has been submitted that it is only because of rivalry between both the private parties, that the petitioners have been victimized.

It appears from the submissions made on behalf of the petitioners and upon perusal of the materials on record that unauthorized encroachment over the public

road has been detected. The petitioners submit that there are other encroachments.

It will be open for the petitioners to raise objection against the encroachments on the public road. The respondent authority in the meantime shall take steps for removal of the unauthorized encroachment already detected in accordance with law within a period of eight weeks from the date of communication of this order. The writ petition stands disposed of.

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

Sh (Amrita Sinha, J.)