Ranjana Sardar v. State Of West Bengal And ORS.

Sl.100 27.01.2026 Court No.19 BP WPA 26928 of 2023 Smt. Ranjana Sardar -versus- The State of West Bengal and others Mr. Shouvik Naskar Mr. Goutam Saphui ..for the petitioner Affidavit of service filed in Court today is taken on record.

The learned advocate appearing for the petitioner submits that the private respondents have been duly served.

In spite of service none appears for the private respondents. None appears for the State.

The petitioners claims to be the owner of Plot No.7501 of Mouza Jugdia, J.L. No. 108 under Police Station Magrahat in the District of South 24 Parganas. The petitioner states that the PWD road is running adjacent to the aforesaid plot of the petitioner. The petitioner alleges that the private respondents have raised an unauthorised construction by encroaching upon the PWD road thereby obstructing the ingress and egress of the petitioner from his property to the PWD road. The petitioner submitted a representation on July 25, 2023 before various authorities including the Assistant Engineer, Diamond Harbour Highway Sub-Division, South 24 Parganas.

The learned advocate appearing for the petitioner submits that in spite of receipt of such representation no steps have been taken by the respondent authorities till date.

Since an allegation of unauthorised encroachment upon the PWD road has been made, it is the duty of the respondent authorities to take steps in accordance with law if an encroachment upon the PWD road is found. In view thereof, WPA 26928 of 2023 stands disposed of by directing the Assistant Engineer, Diamond Harbour Highway Sub-Division, South 24 Parganas being the 5th respondent to consider the representation of the petitioner dated July 25, 2023 and after making necessary enquiry and demarcation if any encroachment upon the PWD road is found, appropriate proceedings for removal of such encroachment shall be initiated and 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 25th July, 2023. There shall be however no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)