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2026 DAILYLAW 17366 (CAL)

LAKSHMIKANTA MAL v. STATE OF WEST BENGAL AND ORS.

WPA/897/2026 · 2026-01-21

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 19 (265719) 21.01.2026 (AD 7) (S. Banerjee) WPA 897 of 2026 Lakshmikanta Mal Vs. The State of West Bengal & Ors. Mr. Partha Sarathi Mondal …for the petitioner Mr. Mohan Kumar Sanyal Mr. Partha Sarathi Sen Sarma …for the State Affidavit of service filed in Court today, is taken on record. The petitioner claims to be the owner of LR Dag No. 2351 within Mouza – Kashinagar, JL No. 9, LR Khatian No. 2350 under Harwood Point Coastal Police Station in the district of South 24 Parganas. The petitioner states that a PWD road is running adjacent to the aforesaid property of the petitioner. Petitioner alleges that the private-respondents have raised an unauthorized construction by encroaching upon the PWD road thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road. The petitioner submitted a representation before various authorities, including the Assistant Engineer, PWD, Kakdwip, South 24 Parganas by a letter dated December 15, 2025. Learned advocate appearing for the petitioner submits that though the Assistant Engineer, Diamond Harbour National Highwa Sub-Division PW(Roads) Directorate issued a memo dated December 22, 2025 requesting the Block Land and Land Reforms Officer to demarcate the land in question, no steps have been taken by the respondent authorities for removal of the unauthorized encroachment from the highway. Learned advocate appearing for the State submits that immediately upon receipt of the complaint a request has been made to the concerned BL&LRO to demarcate the property in question. He further submits that necessary steps shall be taken in accordance with law if any encroachment upon the highway is found. In the light of the submission made by the learned advocates for the respective parties, this writ petition stands disposed of with the following directions: The Block Land and Land Reforms Officer, Kakdwip Block, being the 6th respondent is directed to engage competent Amin/Surveyor for the purpose of demarcation of the disputed plot and prepare a sketch-map and a demarcation report on such 2 demarcation. The work of demarcation shall be undertaken upon prior service of notice to the petitioner, the private-respondents and any other person who may be affected by such demarcation. The entire work of demarcation including forwarding the report to the petitioner, the private-respondents and any other affected person and the Assistant Engineer, Diamond Harbour Sub-Division, PW(Roads) Directorate, being the 3rd respondent, shall be done within a period of six works from the date of receipt of a server copy of this order. Immediately upon receipt of the report from the BL&LRO, Kakdwip, if any encroachment is found upon the highway, the 3rd respondent shall initiate appropriate proceedings in accordance with law and complete the entire exercise as expeditiously as possible but positively within a period of four weeks from the date of receipt of a copy of the report from the BL&LRO, Kakdwip. (Hiranmay Bhattacharyya, J.) 3