08.01.2025 Sl. No. 40 Court No.30 BM WPA 6081 of 2020 Biman Chandra Pal Vs. State of West Bengal & Ors. Mr. Sanjib Das Mr. Kanak Kiran Bandyopadhyay Mr. Buddhadev Bhunia ... for the petitioner Mr. Susovan Sengupta Mr. Subir Pal ... for the State Mr. Anindya Sundar Das Mr. T. S. Palit ... for the UOI/respondent no.8 Mr. Dipankar Das ... for the NHAI/respondent nos.9 & 10 1. The present writ application is taken up for hearing. 2. Learned counsel for the petitioner, the respective Gram panchayet/State of West Bengal, Union of India and the National Highway Authority are present and heard. 3. The present writ application has been preferred praying for direction upon the respondent authorities to take immediate action for removal of unlawful construction made by the private respondent and to ensure the restoration of the large water body existing between the petitioner’s land and NH-41 to its earlier form. 2 4. Prima facie from the materials on record it appears that there is no encroachment on any property of the petitioner. 5. Learned counsel for the petitioner has insisted for the report to be filed by the National Highway Authority as was directed vide order dated 06.08.2020. 6. Learned counsel for the National Highway Authority has not filed a report, but has categorically submitted that no part/property/Highway of the National Highway Authority has been encroached. 7. It is further submitted by the NHA that the petitioner is aggrieved as his direct access to the National Highway has been obstructed allegedly by the private respondent. 8. The court accepts the said submission as “report” from the National Highway Authority. 9. Learned counsel appearing for the State of West Bengal submits that the grievance of the petitioner can be addressed if the matter is referred to and considered by the concerned BL&LRO who is the best person to decide as to whether any encroachment or conversion has taken place as alleged by the petitioner herein. 10. It is further submitted by the learned counsel for the petitioner that his representation dated 3 03.07.2020 sent by e-mail has not been disposed of by the authority concerned till date. 11. Considering the submissions made by all the parties herein, the writ application is disposed of with the direction that the petitioner shall submit a fresh representation within 15 days from the date of this order to the concerned BL&LRO, who shall consider the same in accordance with law keeping in mind the observations made by this court and dispose of the said representation on hearing all stake holders within 60 days from this order. 12. The result of the said hearing shall be duly informed to the parties concerned. 13. The writ petition is accordingly disposed of. 14. Pending applications stand disposed of. 15. Interim order, if any, stands vacated. 16. Urgent Xerox certified copies of this order, if applied for, shall be supplied to the learned counsel for the parties as expeditiously as possible, in compliance of usual formalities. ( Shampa Dutt (Paul), J. )