BIKASH CHANDRA GIRI v. STATE OF WEST BENGAL AND ORS.
WPA/13961/2026 · 2026-07-20
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29537 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29537 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
20.07.2026 Item No.12 Ct. No.19 KS
W.P.A. 13961 of 2026 Bikash Chandra Giri
Vs. The State of West Bengal & Ors. Mr. Sukanta Das
….. For the Petitioner Mr. Nilanjan Bhattacharyya, S.S.C. Mrs. Joyita Dhar Chakraborty …..For the State Mr. Barun Kumar Sengupta …..For the Respondent Nos.10 to 13
1. Parties are represented through their respective
learned counsel.
2. Affidavit of service filed by the petitioner in Court and the same is taken on record.
3. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate Writ/Writs against the respondent authorities, more specifically, against respondent no.5 authority for removal and/or demolition of the encroachment/ unauthorized construction, as have been made by the private respondents in front of the writ petitioner’s property, particulars of which has been mentioned in Paragraph Nos. 3 and 4 of the instant wit petition and as a result of which, the writ petitioner is facing of extreme difficulty.
4. At the time of hearing, learned advocate appearing on behalf of the writ petitioner draws attention of this
2 Court to Page Nos.13 to 30 of the instant writ petition being, copies of the two registered Deeds standing in the name of the writ petitioner.
5. It is submitted that by way of two registered Deeds, the writ petitioner purchased two properties, particulars of which, have been mentioned in paragraph nos.3 and 4 of the instant writ petition.
6. It is further the case of the writ petitioner that the private respondents have encroached a portion of the Nayanjuli and P.W.D. Road in front of the writ petitioner’s aforementioned two lands, as a result whereof, the writ petitioner’s aforementioned two lands have been practically blocked on the road side.
7. It is further submitted on behalf of the writ petitioner that despite submission of the representation dated 06.04.2026 with the respondent authorities, no action has been taken by the respondent authorities for removal of the encroachment.
8. It is, thus, submitted that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition.
9. Learned advocate appearing on behalf of the private respondents submits before this Court that the allegation, as made in the instant writ petition, are not correct.
3
10. Learned advocate for the respondent/State submits before this Court that the respondent no.5 may be
directed to consider the representation dated 06.04.2026, as submitted by the writ petitioner, in accordance with law. 11. In view of such, this Court while disposing the instant writ petition, directs the jurisdictional B.L. & L.R.O. to make a field verification at the disputed plot in question after giving prior notice to the writ petitioner and the private respondents and shall submit a demarcation report positively within 30 working days from the date of communication of the server copy of this order with the respondent no.5 authority. 12. The respondent no.5 authority on receipt of such demarcation report from the concerned respondent authority, shall cause service of notice upon the writ petitioner and the private respondents and shall provide them copies of the demarcation report as would be submitted by the jurisdictional B.L & L.R.O.
13. The respondent No.5 authority is further directed to consider the representation dated 06.04.2026 as submitted by the petitioner, in accordance with law and after giving due opportunity of hearing both to the writ petitioner and the private respondents, shall pass a reasoned order in the light of the demarcation report, as would be submitted by the jurisdictional B.L. & L.R.O. positively within 45 working days from
4 the date of receipt of the demarcation report from the said B.L. & L.R.O.
14. The time limit, as fixed by this Court, are peremptory and mandatory. 15. Liberty is given to the writ petitioner to communicate server copies of this order alongwith a copy of the representation to the respondent Nos.4 & 5 authorities forthwith, who are directed to act on the server copy of this order. 16. Since the jurisdictional B.L. & L.R.O. is not a party in the instant writ petition, learned advocate for the writ petitioner is further requested to forward a copy of the server copy of this order to the respondent no.4 authority, who in turn shall forward the server copy of today’s order to the jurisdictional B.L & L.R.O. for his immediate compliance. 17. With the aforementioned observation, the instant writ petition is disposed of. 18. It is further made clear that while disposing the instant writ petition, this Court has not gone into the merits of the representation and thus, all points area kept open before the respondent authority. 19.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (PARTHA SARATHI SEN, J.)