Sabyasachi Jana v. State Of West Bengal & ORS

27.07.2021 rc/ct.no.10 Item No.10 WPA No. 22751 of 2019 Sabyasachi Jana

Versus

The State of West Bengal & Ors.

(VIA VIDEO CONFERENCE) Mr. Ziaul Haque ...for the Petitioner Mr. Subhasis Bandopadhyay ... for the State The grievance of the petitioner is directed against illegal encroachment being caused by the private respondents.

It is submitted by the Advocate appearing on behalf of the petitioner that the private respondents are encroaching upon the Highway land and causing obstruction with the ingress and egress of the petitioner in the subject premises.

Mr. Bandopadhyay, Advocate appearing on behalf of the State-respondents submits upon instructions that the Executive Engineer being the respondent no. 2 herein will initiate appropriate proceedings under Section 10 of the National Highways Act in accordance with law. In view of the submissions made by the Advocate appearing on behalf of the State-respondents, WPA No. 22751 of 2019 is disposed of by directing the respondent no. 2 to act in accordance with law after giving a right of hearing to all the affected parties including the private respondent.

It is made clear that, I have not entered into the merits of this case and the Executive Engineer being the respondent no. 2 herein will not be influenced by any observation on the merits of this case while carrying out the aforesaid exercise.

It is expected that the entire exercise will be completed by the Executive Engineer being the respondent no. 2 herein within a period of 12 weeks from the date of communication of this order.

With the above observations and directions, WPA No. 22751 of 2019 stands disposed of.

(Ravi Krishan Kapur,J)