S/L 5 29.04.2025 Court. No. 19 Suvayan WPA 3500 of 2024 Sk. Ahmadullah Asad Vs. The State of West Bengal & Ors. Mr. Subhrangsu Panda Ms. Haritri Roy Mr. Ratul Ghoshal …for the petitioner. Mr. Chandi Charan De, AGP Ms. P. Chatterjee …for the State. Mr. Sabir Ahmed Mr. Quazi Ezaz Ahmed …for the respondent no. 13. 1. The affidavit-of-service as filed today is taken on record. 2. The writ petitioner, the respondent/State and its functionaries and the private respondent no. 13 are represented by their respective learned Advocates. 3. At the time of hearing learned Advocate for the writ petitioner at the very outset draws attention of this Court to page nos. 37 and 38 of the instant writ petition being a copy of the letter addressed to the different functionaries of the State alleging that the private respondent no. 13 has made some illegal construction encroaching PWD Road/West Bengal State Highway thereby causing obstruction as to the free egress and ingress of the writ petitioner’s property situated at plot nos. 1179, 1180 and 1181, JL no. 132, Khatian no. LR 1219 under Mouza – Belari, P.S. – Shyampur, District – Howrah. 2 4. It is the grievance of the writ petitioner that even after receipt of the said letter the functionaries of the State did nothing and practically sat tight over the matter. 5. Mr. De, learned AGP appearing on behalf of the respondent/State and its functionaries in his usual fairness submits before this Court that justice would be sub-served if the respondent no. 7/authority is directed to consider the letter of the writ petitioner as a representation and thereafter to pass a reasoned order after giving due opportunity of hearing both to the writ petitioner and the private respondent no. 13. 6. The contention as raised on behalf of the writ petitioner is, however, opposed by Mr. Ahmed, learned Advocate appearing on behalf of the respondent no. 13. It is submitted by Mr. Ahmed that there lies property disputes between the writ petitioner and the private respondent no. 13 who are close relatives and such disputes between the writ petitioner and the private respondent no. 13 cannot be adjudicated in a writ proceeding. 7. This Court has given anxious consideration over the submissions of the learned Advocates for the contending parties. This Court has also meticulously perused the entire materials as placed before this Court. 8. This Court while disposing the instant writ petition directs the respondent no. 7/authority to obtain a report from the jurisdictional Bl & LRO i.e., the respondent no. 12 herein with regard to the allegation 3 as made by the writ petitioner under cover of a letter which has been annexed at page nos. 37 and 38 of the instant writ petition. 9. Prior to such submission of such report the respondent no. 12 is directed to cause a filed verification after giving due notice to the writ petitioner as well as to the private respondent no. 13 and thereafter he shall submit such report to the respondent no. 7/authority. 10. The respondent no.7/authority after receipt of such report from respondent no. 12 shall issue notices upon the writ petitioner and the private respondent no. 13 and after giving an opportunity of hearing both to the writ petitioner and the private respondent no. 13 shall pass a reasoned order in writing over the allegation as made by the writ petitioner under cover of his letter which has been annexed at page nos. 37 and 38 of the instant writ petition and shall forthwith communicate the copy of the said reasoned order both the writ petitioner as well as to the private respondent no. 13 preferably by mail, if the mail details of the writ petitioner and the private respondent no. 13 are provided to him at the time of hearing. 11. The entire exercise as indicated in the foregoing paragraphs is to be completed both by the respondent no. 12/authority and the respondent no. 7/authority within 90 working days from the date of communication of the server copy of this order. 12. Liberty is given to the learned Advocate-on-Record of the writ petitioner to communicate the server copies of 4 this order to the respondent nos. 7 and 12 for their immediate compliance. 13. The respondent nos. 7 and 12 are directed to act on the server copies of this order. 14. Before parting with it is further directed that in the event the respondent no. 7/authority finds sufficient merit in the letter/representation of the writ petitioner he is directed to proceed in accordance with the provision of Section 10 of the West Bengal Highways Act, 1964 soon thereafter. 15. With the aforementioned observation, the instant writ petition being WPA 3500 of 2024 is disposed of. 16. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Partha Sarathi Sen, J.)