IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 12 10.3.2025 Sc Ct. no.2 WPA 2234 OF 2024 -------------- Gora Chand Sen & Anr Vs. The State of West Bengal & Ors. Mr. Sudeep Sanyal Mr. Snehasis Jana. …. For the Petitioners Mt. Chandi Charan De, AGP Mr. Anirban Sarkar. …. For the Respondents State Affidavit-of-service, filed in Court today, is taken on record. Mr. Sudeep Sanyal, learned Senior Advocate appears for the petitioners. Mt. Chandi Charan De, learned Additional Government Pleader appears for the respondents State. The petitioners complain of an alleged encroachment and unauthorized construction on the PWD road/pavements by hawkers. The petitioners submitted a representation dated August 9, 2023, Annexure P-3 at page-22 to the writ petition, but the same has not yet been dealt with. In view of the above, the Executive Engineer upon prior notice to the petitioners and the hawkers/illegal encroachers shall cause a physical inspection of the alleged encroachment and construction and shall 2 submit his report before the petitioners, Commissioner, Howrah Municipal Corporation and the District Magistrate, Howrah. This exercise shall be carried out and completed by the Executive Engineer 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 road and pavements then the Commissioner, Howrah Municipal Corporation after issuing a prior hearing notice of at least seven days to the petitioners and the alleged encroachers and after giving them an opportunity of hearing shall decide the said representation dated August 9, 2023 as referred to above by passing a reasoned order in accordance with law. The entire exercise shall be carried out and completed by the said Commissioner positively within a period of six weeks from the date of receiving report. The reasoned order shall be communicated to the petitioners and the alleged encroachers 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 and they shall be at liberty to urge whatever points they wish to urge 3 by relying upon whatever records and documents they wish to rely upon before the said Commissioner. In the event, the reasoned order confirms the alleged unauthorized construction and encroachment, the said Commissioner shall communicate the order to the jurisdictional Executive Engineer and the District Magistrate 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 Commissioner. This order shall not create any right or equity in favour of the petitioners, if they do not succeed to their respective claims before the said Commissioner 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 2234 of 2024 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)