Arati Das And ANR. v. State Of West Bengal And ORS.

D/L- 6 13/01/2026 Ct. No.-19 Aritra WPA 39 of 2026 Arti Das & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Monoranjan Jana ....for the petitioners Mr. Soumitra Bandyapadhyay, Sr. Gvt. Adv.

Ms. Suchana Banerjee ....for the State Affidavit of service filed in Court today is taken on record.

The learned advocate appearing for the petitioners submits that private respondents have been duly served. In spite of service none appears for the private respondents.

The petitioners claim to be owner of plot No.124, J.L. No.383, Khatian No.133 and within MouzaKashiyabag under Police Station-Mohanpur in the District of Paschim Medinipur.

The petitioners allege that the private respondents have made an unauthorised construction by encroaching upon the PWD land thereby obstructing the ingress and egress of the petitioners from their property to the PWD land. The petitioners submitted a representation dated July 24, 2025 before the various authorities including the Assistant Engineer (PWD), Kharagpur Sub-Division being the respondent No.4 herein.

The learned advocate appearing for the petitioners submits that in spite of receipt of such representation no steps have been taken by the respondent authorities. The learned advocate appearing for the State submits that decision on such representation shall be taken and communicated to the petitioners within the time limit as may be fixed by this Court.

In the light of the submissions made by the learned advocates for the respective parties, WPA 39 of 2026 stands disposed of by directing the Assistant Engineer (PWD), Kharagpur Sub-Division being the respondent No.4 herein to consider the representation of the petitioners dated July 24, 2025 and after making necessary enquiries and demarcation, if any encroachment is found, necessary steps in accordance with law shall be initiated and the entire exercise shall be completed in accordance with law as expeditiously as possible but positively within a period of 6 weeks from the date of receipt of a server copy of this order along with a copy of the representation. The reasoned order shall be passed after giving an opportunity of hearing to the petitioners or their authorised representative.

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.)