Shri. Jagdish Prasad Mishra v. The Deputy Commissioner And ANR.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/898/2022 Shri Jagdish Prasad Mishra ... Petitioner Vs.

The Deputy Commissioner and another ... Respondents Ms. A. S. Zinu ... for the petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondents January 18, 2023 [MAM] Item No.5 The petitioner has voiced grievance by instituting this Writ Petition that there is an obstruction so far ingress and egress to the land of the petitioner due to encroachment made by some persons on the adjacent footpath which situates in front of the land of the petitioner. The petitioner has prayed for removal of such encroachment made by some persons.

While adjudicating the issue a Co-ordinate Bench by passing order dated 19th December, 2022 directed the concerned respondent authority to file a comprehensive report.

Pursuant to such order dated 19th December, 2022 Mr.

Sivabalan, learned Advocate representing the respondents, submits that a report in the form of affidavit has been filed today, 18th January, 2023.

This Court has perused the said report wherefrom it appears that 10 meters wide footpath has been narrowed to 4.5 meters/5 meters by encroachment made by Smti. V. J. Annamma and three other persons. According to the petitioner, this report goes to show that the footpath appurtenant to the land of the petitioner is encroached to the extent of approximately 05 meters by the aforesaid persons.

In view of the contents of the report, it appears that before directing the concerned respondent authority to remove encroachment, the encroachers especially Smti. V. J. Annamma and three other persons are required to be heard.

In consideration of the submissions made by the learned Advocates representing the petitioner and the respondents and taking note of the report filed by the concerned Tehsildar, this Court directs the respondent No. 2 to grant opportunity of hearing to the petitioner as well as the encroachers who have been named in the report filed today upon serving 07 days' notice to them. After considering the deliberation to be made by the petitioner and the encroachers as aforesaid, the respondent No. 2 is directed to take decision on removal of encroachment as prayed for by the petitioner within a period 12 weeks from

the date of communication of this order and the decision to be taken by the respondent No. 2 shall be communicated to the parties within one week thereafter.

With the aforesaid direction, the Writ Petition stands disposed of. The report filed by the respondent No. 2 is taken on record. However, there shall be no order as to costs.

Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

( Saugata Bhattacharyya, J. )