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2026 DAILYLAW 2663 (CAL)

SHAMPA DAS v. STATE OF WEST BENGAL AND ORS.

WPA/1661/2026 · 2026-02-05

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 19 (265719) 05.02.2026 (AD 14) (S. Banerjee) WPA 1661 of 2026 Shampa Das Vs. The State of West Bengal & Ors. Mr. Ratul Biswas Ms. Pratiti Das Mr. Durlav De Ms. Arifa Sultana …for the petitioner Ms. Sangeeta Roy Ms. Saira Banu …for the State Affidavit of service filed in Court today, is taken on record. Mr. Biswas, learned advocate appearing for the petitioner submits that the respondents have been duly served. None appears for the private-respondents in spite of service. State is represented by its learned advocate. Petitioner claims to be the recorded owner of a plot of land being Dag No. 274 within Mouza – Teghari, JL No. 89 in the district of North 24 Parganas. Petitioner states that a PWD road is running adjacent to the aforesaid property of the 2 petitioner. The petitioner alleges that the private- respondent has raised a construction by encroaching upon the PWD road which is in front of the aforesaid property of the petitioner thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road. The petitioner claims to have submitted representations dated December 22, 2025 before various authorities praying for removal of encroachment. Mr. Biswas, learned advocate appearing for the petitioner submits that in spite of receipt of such representations no steps have been taken by the respondent authorities to remove such encroachment. Learned advocate appearing for the State submits that necessary steps shall be taken in accordance with law if any encroachment upon the PWD road is found. Since a representation alleging encroachment upon PWD road is submitted, it is the duty of the respondent authorities to take steps in accordance with law for removal of encroachment, if any. Without entering into the merits of the claim made by the petitioner in the representations, this writ petition stands disposed of by directing the Executive Engineer, Public Works Department, 3 Bongaon Chakda Road, being the respondent no. 3 herein, to consider the representation of the petitioner dated December 22, 2025 and after making necessary enquiries and demarcation through competent officials, if any encroachment upon PWD road is found, necessary proceeding in accordance with the provisions of 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 together with a copy of the representation dated December 22, 2025. (Hiranmay Bhattacharyya, J.)