Kausik Kapat v. The State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 33 14.11.2024 S.Das Ct. no.2 WPA 26367 OF 2024 -------------- Kausik Kapat Vs.
The State of West Bengal & Ors.
Mr. Salil Kumar Maiti Ms. Dolon Samanta.
.... For the Petitioner Mr. Ashim Kumar Ganguly, Ld. AGP .
.... For the Respondent Nos. 1 to 6 Subject to filing of the affidavit-of-service in course of the day, this order shall be effected. Mr. Salil Kumar Maiti, learned advocate appears for the petitioner.
Mr. Ashim Kumar Ganguly, learned Additional Government Pleader appears for the respondent nos. 1 to 6.
The private respondents are not represented, despite notice.
The petitioner complains of an alleged encroachment and unauthorized construction on the PWD land at the behest of the private respondents. The petitioners submitted a representation dated September 9, 2024, Annexure-P6 at page-65 to the writ petition, but the same has not yet been dealt with.
In view of the above, the jurisdictional Block Land and Land Reforms Officer (BL &LRO) upon prior notice to the petitioner and the private respondents shall cause a physical inspection of the alleged encroachment and construction and shall submit his report before the petitioner, private respondents and the jurisdictional Assistant Engineer, PWD.
This exercise shall be carried out and completed by the jurisdictional BL&LRO positively within a period of four weeks from the date of communication of this order.
In the event such report confirms the alleged encroachment and construction on the PWD land then the jurisdictional Assistant Engineer, PWD after issuing a prior hearing notice of at least seven days to the petitioner and the private respondents and after giving them an opportunity of hearing shall decide the said representation dated September 9, 2024 as referred to above by passing a reasoned order in accordance with law.
The entire exercise shall be carried out and completed by the jurisdictional Assistant Engineer, PWD positively within a period of six weeks from the date of receiving report from the jurisdictional BL&LRO. The reasoned order shall be communicated to the petitioner and the private respondents positively
within a period of two weeks from the date of the said reasoned order to be passed.
It is made clear that this Court has not gone into the merits of the case of the petitioner or the private respondents and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the jurisdictional Assistant Engineer, PWD.
In the event, the reasoned order confirms the alleged unauthorized construction and encroachment, the jurisdictional Assistant Engineer, PWD shall communicate the order to the jurisdictional SubDivisional Officer positively within a period of three weeks from the date of the said reasoned order to be passed, who shall take all necessary and consequential steps to give an immediate effect to the said reasoned order in accordance with law positively within four weeks from the date of receiving the reasoned order from the Assistant Engineer, PWD.
This order shall not create any right or equity in favour of the petitioner and in favour of the private respondents, if they do not succeed to their respective claims before the jurisdictional Assistant Engineer, PWD strictly in accordance with law.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions, this writ petition, WPA 26367 of 2024 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)