Jamini Jana And ANR. v. State Of West Bengal And ORS.
Court No. 19 WPA 26155 of 2025 (265719) 02.01.2026 Jamini Jana & Anr.
Vs.
The State of West Bengal & Ors.
(AD 3) (S. Banerjee) Mr. Sanjay Saha Mr. Manoranjan Jana ...for the petitioners Mr. Nabhajit Prasad Basu Mr. Manoj Kurmi ...for the State Affidavit of service filed in Court today, is taken on record.
It has been submitted by the learned advocate appearing for the petitioner that the private respondents have been duly served.
In spite of service, none appears for the private respondents.
State is represented by its learned advocate. Petitioners claim to be the owner of a portion of LR Dag no. 101, JL No. 204 within Mouza Saiyedpur under P.S. Ramnagar in the district of Purba Medinipur. Petitioners allege that the PWD road in front of the aforesaid plot of the petitioners has been
encroached upon by the private respondents by constructing a structure thereupon.
Learned advocate appearing for the petitioners submits that the petitioners submitted a representation before various authorities including the Assistant Engineer, Contai National Highway Sub-Division and in spite of receipt of such representation no steps have been taken by the concerned respondent authorities to remove such encroachment from the PWD road.
Learned advocate appearing for the State submits that necessary steps for removal of encroachment in accordance with law shall be taken if it is found that there has been an encroachment upon the PWD road.
The report of the Officer-in-Charge of Ramnagar Police Station dated December 8, 2025, is taken on record.
Since a representation alleging encroachment upon the PWD road has been submitted, it is the duty of the respondent authorities to take steps in accordance with law for removal of the alleged encroachment.
In the light of the submissions made by the learned advocates for the respective parties, this writ petition stands disposed of with the following directions:
The respondent no. 4, being the Assistant Engineer, Contai National Highway Sub-Division, Public Works (Roads) Directorate, shall consider the representation of the petitioners dated August 12, 2025 and after making necessary enquiries if any encroachment is found, necessary steps for removal of such encroachment shall be taken strictly in accordance with the provisions of the West Bengal Highways Act, 1964. The entire exercise shall be completed as expeditiously as possible but positively within a period of six weeks from the date of receipt of a server copy of this order along with a copy of the representation dated August 12, 2025.
(Hiranmay Bhattacharyya, J.)