Debasish Pahari v. State Of West Bengal And ORS.

D/L 11 13.08.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 24946 of 2023 Sri Debasish Pahari Vs.

The State of West Bengal & Ors.

Mr. Manoranjan Jana Mr. Radhasyam Maiti ...for the Petitioner.

Mr. Pritam Chowdhury Mr. Saikat Sen ...for the State.

1. The petitioner prays for implementation of the direction passed by the Assistant Engineer, PWD, Contai SubDivision on 30th April, 2021 for stopping and removal of the illegal construction work and to restore the Nayanjuli in the previous condition so that the waterway obstruction does not occur.

2. Specific submission of the petitioner is that despite such direction no steps have been taken to act in accordance with the same.

3. Learned advocate representing the State respondents is not ready with instruction.

4. As it appears that the Assistant Engineer, PWD has already come to a conclusion that there is illegal and unauthorized construction over public land, accordingly, the Assistant Engineer ought to take steps to ensure that the order passed is acted upon and complied by the concerned parties.

5. As such, the instant writ petition is disposed of by directing the Assistant Engineer, Contai Highway Sub

Division being the respondent no. 5 herein to take steps to implement the direction passed in the notice dated 30th April, 2021 in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order.

6. Learned advocate for the petitioner is directed to forward a copy of the notice dated 30th April, 2021 and other supporting documents to the aforesaid respondent at the time of communicating the order of this Court.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)