Sk Abdul Aziz v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 27 06.01.2025 Sc Ct. no.2 WPA 26617 OF 2023 -------------- Sk Abdul Aziz Vs.
The State of West Bengal & Ors.
Mr. Kamal Mishra Mr. Pratap Sanfui.
.... For the Petitioner Mr. Ayan Banerjee Mr. Debapriya Chatterjee.
.... For the Respondents State Mr. Lutful Hoque Mr. Ejaz Hossain Mr. Sk. Mustak Ali.
.... For the Respondent No.9 Affidavit-of-service, filed in Court today, is taken on record.
Mr. Kamal Mishra, learned advocate appears for the petitioner.
Mr.
Ayan Banerjee, learned State advocate appears for the respondents State.
Mr. Lutful Hoque, learned advocate appears for the private respondent no.9.
The petitioner complains of an alleged encroachment and unauthorized construction on the PWD land at the behest of the private respondent. The petitioner submitted a representation dated June 9,
2023, Annexure P-4 at page-33 to the writ petition, but the same has not yet been dealt with.
Learned advocate for the private respondent no.9 denies and disputes the allegations of the petitioner. He further submits that, the private respondent no.9 is not in possession but his son is in possession who has been carrying out his business from the subject plot since 2004.
In view of the above, the jurisdictional Block Land and Land Reforms Officer (B.L. & L.R.O) upon prior notice to the petitioner and the private respondent and his son shall cause a physical inspection of the alleged encroachment and construction and shall submit his report before the petitioner, private respondent and the jurisdictional Assistant Engineer, PWD.
This exercise shall be carried out and completed by the jurisdictional B.L. & L.R.O. 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 respondent and his son and after giving them an opportunity of hearing shall decide the said representation dated June 9,
2023 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 B.L. & L.R.O. The reasoned order shall be communicated to the petitioner and the private respondent 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 respondent 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 respondent, 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 26617 of 2023 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)