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2026 DAILYLAW 13293 (CAL)

HARIDAS DAS AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/3246/2026 · 2026-02-20

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 19 (265719) 20.02.2026 (AD 7) (S. Banerjee) WPA 3246 of 2026 Haridas Das & Ors. Vs. The State of West Bengal & Ors. Mr. Animesh Paul Ms. Krity Keshri Ms. Manisha Upadhyay …for the petitioners Ms. Jayeeta Sinha Mr. Samir Kumar Ghosh …for the State Affidavit of service filed in Court today, is taken on record. Petitioners claim to the owner of LR Dag No. 483, JL No. 66, Mouza – Barunhat under Hasnabad Police Station in the district of North 24 Parganas. Alleging encroachment upon the PWD road the petitioners approached the concerned authority. Learned advocate appearing for the petitioners submits that a notice under Section 10(1) of the West Bengal Highways Act, 1964 has been issued directing removal of encroachment from the PWD road. He further submits that since the encroachment was not removed within the time limit mentioned in the said notice, the matter was forwarded to the Executive Magistrate. He further submits that the Executive Magistrate, Basirhat Sub-Division, North 24 Parganas 2 has initiated a proceeding under Section 10(3) of the 1964 Act but the same is still pending. Learned advocate appearing for the petitioners prays for a direction upon the Executive Magistrate co conclude the proceedings expeditiously. In spite of service none appears for the private- respondents. Learned advocate appearing for the State submits that the proceeding under Section 10(3) of the 1964 Act shall be concluded within the time limit as may be fixed by this Court. In the light of the submissions made by the learned advocates appearing for the respective parties, this writ petition stands disposed of by directing the Executive Magistrate, Basirhat Sub- Division, North 24 Parganas, being the 3rd respondent herein, to conclude the proceeding under Section 10(3) of the West Bengal Highways Act being MP Case No. 1180/2025 (HIGHWAY) as expeditiously as possible but positively within a period of six weeks from the date of receipt of a server copy of this order without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)