Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 14751 (CAL)

AMIT MISHRA v. STATE OF WEST BENGAL AND ORS.

WPA/2864/2026 · 2026-02-12

Hiranmay Bhattacharyya

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 15. sg 12-02-2026 Ct. 19 WPA 2864 of 2026 Amit Mishra Versus The State of West Bengal & Ors. Mr. Chitrak Biswas ...for the petitioner Mr. Tapan Coomer Dey Ms. Anima Das Chakraborty …for the State Affidavit of service filed in Court is taken on record. The learned Advocate appearing for the petitioner submits that the private respondents have been duly served. However, in spite of service, none appears on behalf of the private respondents. The petitioner claims to be recorded owner of the LR plot Nos. 71 and 73, Khatian Nos. 365 and 366, JL No. 313, within Mouza Chotomatkatpur, under the jurisdiction of Belda Police Station, in the District of Paschim Medinipur. The petitioner states that a State Highway-V commonly known as Belda Keshiary Road is running adjacent to the aforesaid property of the petitioner. The petitioner alleges that the private respondents have raised an unauthorized construction by encroaching upon the State Highway thereby causing obstruction to the ingress and egress of the petitioner from his property to the State Highway. The petitioner submitted a representation dated 22nd January, 2026 before the Assistant Engineer, Kharagpur, Highway Sub-Division, being the respondent no.3 praying for removal of encroachment from highway The learned Counsel for the petitioner submits that the in spite of receipt of such representation, no steps have been taken by the respondent authorities till date. The learned Advocate appearing for the State submits that necessary steps in accordance with law shall be taken if any encroachment upon the State Highway is found. In the light of the submissions made by the learned Advocates for the respective parties and without entering into the merits of the claim made by the petitioner in the representation dated January 22, 2026, WPA 2864 of 2026, stands disposed of by directing the Assistant Engineer, Kharagpur, Highway Sub-Division, Paschim Medinipur, being the respondent no.6, to consider the representation of the petitioner dated January 22, 2026 and after making necessary enquiries and demarcation through competent Amins/Surveyors, if any encroachment upon the State Highway is found, necessary proceedings in accordance with provisions of the West Bengal Highways Act, 1964 shall be initiated and the entire exercise under the said provision shall be completed as expeditiously as possible but positively within a period of eight weeks from the date of receipt of a server copy of this order along with a copy of the representation dated January 22, 2026. In case it is found that there has been no encroachment upon the State Highway, such decision shall 2 also be communicated by the sixth respondent to the petitioner within the time limit as indicated hereinbefore. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.) 3