Arjun Paik And ORS. v. State Of West Bengal And ORS.
Court No. 2
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 30404 of 2024 + CAN 1 of 2025 Arjun Paik & Ors.
VS The State of West Bengal & Ors.
11.3.2025 (Item No. 11) (AB) Mr. Partha Saratho Mondal .... For the petitioners Mr. Soumitra Bandyopadhyay Mr. Srinath Singha Roy .... For the State Mr. Pankaj Halder Mr. Bidish Ghosh .... For respondent Nos. 9 to 11 This order shall be affected subject to payment of the deficit Court fees by the five individual petitioners who have not yet paid.
Affidavit-of-service, filed in Court today, is taken on record.
Mr. Parth Sarathi Mondal, learned counsel appears for the petitioners.
Mr. Soumitra Bandyopadhyay, learned senior advocate led by Mr. Srinath Singha Roy, learned advocate appears for the State respondents.
Mr. Panjan Halder, learned advocate appears for the private respondent Nos. 9 to 11.
The petitioners complain of an alleged encroachment and unauthorized construction on the PWD land at the behest of the private respondents. The petitioners submitted a representation dated
November 29, 2024, Annexure P-1 at page-13 to the writ petition, but the same has not yet been dealt with.
Learned advocate appearing for the private respondents at the outset had denied and disputed the allegations made by the petitioners. He submits that there has been no encroachment on P.W.D. land. He further submits that whatever construction is there it is on the land of the private respondents and not upon encroachment.
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 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 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 after
giving them an opportunity of hearing shall decide the said representation dated November 29, 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 B.L. & L.R.O. 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 petitioners 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 petitioners 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 30404 of 2024 stands disposed of, without any order as to costs.
In view of the above and considering the nature of the relief claimed in CAN 1 of 2025, the same stands dismissed.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)