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2026 DAILYLAW 23446 (CAL)

KRISHNAKANTA LURKI v. STATE OF WEST BENGAL AND ORS.

WPA/21906/2025 · 2026-06-15

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- A- 156. sg 15-06-2026 Ct. 19 WPA 21906 of 2025 Krishnakanta Lurki Versus State of West Bengal & Ors. Mr. Salil Kumar Maiti Ms. Dolan Samonta …for the petitioner Mr. Nilanjan Bhattacharjee Ms. Jayita Dhar Chakraborty …for the State Affidavit of service filed in Court is taken on record. The petitioner claims to be the owner of a plot of being no. 582, within Chaitanyapur, under Police Station Belda, in the District of Purba Medinipur. The petitioner states a PWD road from Balughata to Kukrahatti 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 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 on 21st July, 2025 before various authorities including the Assistant Engineer, PWD Haldia Construction Sub-Division No.-I, praying for removal of encroachment upon the PWD road. The learned Advocate appearing for the petitioner submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities to remove the encroachment from the PWD road till date. Mr. Bhattacharjee, learned Senior Standing Counsel submits that necessary steps shall be taken in accordance with law if any encroachment from the PWD road is found. In the light of the submission 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 21st July, 2025, this writ petition stands disposed of by directing the Assistant Engineer, Assistant Engineer, PWD Haldia Construction, Sub-Division No.I, being the third respondent, to consider the representation of the petitioner dated 21st July, 2025 and after causing enquiry and demarcation of the disputed plot by engaging competent Amin/Survior, upon prior notice to the petitioner, private respondent and any other party/parties who may be affected by such demarcation and upon such demarcation, if any encroachment upon the PWD road is found, necessary proceeding in accordance with the provisions of relevant statute shall be initiated and the entire exercise under the said statute shall be completed as expeditiously as possible but positively within a period of ten weeks from the receipt of a server copy of this order along with a copy of the representation dated 21st July, 2025. Needless to mention that if it is found that there has been no encroachment upon the PWD road, such decision shall also be communicated by the fourth 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.) 2