Ct.No.19 DL 15.07.2026 45 Saikat Mukherjee WPA/3528/2025 SAMAR KUMAR RAKSHIT VS. THE STATE OF WEST BENGAL AND ORS. Mr. Kallol Basu, Adv. Mr. Nilanjan Paul, Adv. Mr. Priyabrata Batabyal, Adv. .…For the Writ Petitioner Mr. Nilanjan Bhattacharjee, S.S.C. Ms. Jayita Dhar Chakraborty, Jr. Govt. Adv. Mr. R. Chatterjee, Adv. …For the Respondent-State 1. The contending parties are represented by their respective learned counsel. 2. On behalf of the Respondent-State a Report in the form of affidavit is filed after serving copy of the same upon the learned advocate for the writ petitioner. Let the report is taken on record. 3. On behalf of the writ petitioner an Exception to the Report is also filed after serving copy thereof to the learned advocate for the Respondent-State. The said Exception is also taken on record. 4. By filing the instant writ petition, the writ petitioner has prayed for appropriate writ/writs against the respondent authorities, more specifically against the Respondent Nos.1, 3 to 8 commanding them to take appropriate steps for granting permission to the writ petitioner to use a portion of Plot No.3375 in Mouza-Jotekanuramgarh under Daspur Police Station in District-Paschim Medinipur, with a further prayer for issuance of Writ of Certiorari for setting aside the notice dated 12.11.2024, a copy of which is annexed at Page-27 of the instant writ petition. 5. On careful perusal of the entire materials as placed and hearing the learned advocates appearing for the contending parties it appears that it is the case of the writ petitioner that they are the owners of a portion of Plot No.3368 in Mouza-Jotekanuramgarh under Daspur Police Station in District-Paschim Medinipur. 6. It is submitted by Mr. Basu, learned advocate for the writ petitioner that the property of the writ petitioner over Plot No.3368 is situated and located in such a fashion that it has become impossible for the writ petitioner to use the said land being Plot No.3368 unless permission is granted to use the Plot No.3375, which is a government land, so as to enable the writ petitioner to get easy egress and ingress to his rayati Plot No.3368. It is further submitted by Mr. Basu that the allegation regarding raising illegal construction and/or encroachment over the government land being Plot No.3375 at the instance of the writ petitioner is contrary to the truth and is nothing but a myth and thus, the impugned notice dated 12.11.2024 may be cancelled. 7. Mr. Bhattacharjee, learned Senior Standing Counsel on behalf of the Respondent-State candidly submits before this Court that from the Report as filed today it would reveal that Plot No.3375 in Mouza-Jotekanuramgarh under Daspur Police Station in District-Paschim Medinipur, is a public property under the control of Irrigation and Waterways department and the said land is meant for public use. 8. Such being the position, this Court has got no hesitation to hold that the present writ petitioner being the owner of the Plot No.3368 which is contiguous to Plot No.3375 may use the Plot No.3375 for his egress and ingress to his own property since the writ petitioner belongs to public at large. 9. In view of such, this Court while disposing the writ petition holds that the present writ petitioner may use the public land being Plot No.3375 for getting egress and ingress to his portion of Plot No.3368. It is, however, made clear that the present writ petitioner shall not have any authority either to encroach and/or raise any construction and/or shall not have any right to store any buildings materials or any other materials over the Plot No.3375, which is a public land and meant for public use. 10. It is also pertinent to mention that the present petitioner shall not change the nature and character of the Plot No.3375. It is further made clear, in the event, the respondent authorities find any encroachment and/or illegal construction and/or any effort on the part of the present writ petitioner to change the nature and character the Plot No.3375 in Mouza-Jotekanuramgarh under Daspur Police Station in District-Paschim Medinipur, the respondent authorities are at liberty to take appropriate action against the writ petitioner in accordance with law. 11. With the aforementioned observation and direction, the instant writ petition is disposed of. 12. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities. (PARTHA SARATHI SEN, J.)