Dipali Mandal v. State Of West Bengal And ORS.

D/L- 5 19/11/2025 Ct. No.-19 Aritra WPA 25747 of 2025 Dipali Mandal Vs.

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Ayanava Das ....for the petitioners Mr. Sabnam De Bardhan ....for the State Affidavit of service filed in Court today is taken on record.

The learned advocate appearing for the petitioners submitted that the private respondent refused to accept the copy of the writ petition.

Petitioner claims to be the recorded owner of L.R. Dag No.85 corresponding to R.S. Dag No.45/52 within Mouza-Narayanpur under Police Station-Jiaganj in the District of Murshidabad. The petitioner states that there is a PWD road adjacent to the aforesaid plot of the petitioner and the private respondent has raised an illegal construction on the PWD road thereby obstructing the ingress and egress of the petitioner from her property to the PWD road. The petitioner submitted a representation dated May 30, 2025 before the Assistant Engineer, Lalbagh Sub Division.

The learned advocate appearing for the petitioner submits that in spite of receipt of the said representation no steps have been taken pursuant thereto. Since a

representation alleging encroachment of PWD road has been submitted, it is the duty of the concerned respondent authorities to take steps in accordance with the provisions of the West Bengal Highways Act, 1964.

The learned advocate appearing for the State submits that immediately upon receipt of the said representation the Assistant Engineer, Lalbagh Sub Division, Public Works Directorate, requested the Block Land & Land Reforms Officer to demarcate the plot in question. However, no demarcation has yet been made by the Block Land & Land Reforms Officer. The report filed by the State is kept with the record.

In the light of the submissions made by the respective parties WPA 25747 of 2025 stands disposed of by directing the Assistant Engineer, Lalbagh Sub Division PWD, being the respondent No.3 to take necessary steps under Section 10 of the 1964 Act, if it is found there has been an encroachment on the PWD road and to conclude the entire exercise as expeditiously as possible but positively within a period of 4 weeks from the date of receipt of a server copy of this order along with a copy of the representation dated May 30, 2025.

Concerned Block Land & Land Reforms Officer is directed to demarcate the plot in question and to forward the report to the concerned Assistant Engineer.

Petitioner is directed to communicate this order to the concerned Block Land & Land Reforms Officer forthwith.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)