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2026 DAILYLAW 30108 (CAL)

ARUP SAHA AND ANR v. THE UNION OF INDIA AND ORS

WPA/1126/2026 · 2026-07-24

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 66 24/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 1126 of 2026 Arup Saha & Anr. Vs. The Union of India & Ors. Mr. Pretam Das Mr. Abhishek Sen ….for the petitioner Mr. Jagriti Mishra, AAAG, Ms. Mrinmayee Das Ms. Manisha Dutta ….for the State Ms. Supriya Singh ….for the NHAI Affidavit of service filed in Court is taken on record. The petitioners allege that the private respondent has raised a construction and is running a tyre and tube repairing shop by encroaching upon the portion of the National Highway. On a query of the Court, the learned advocate appearing for the petitioners, in his usual farness, submits that no representation has been submitted by the petitioner before the concerned authority for removal of encroachment from the National Highway. State is represented by the learned Assistant Additional Advocate General. 2 Mr. Das, learned advocate prays for liberty to the petitioners to submit a comprehensive representation before the concerned authority. In the light of the submissions made by the learned advocate for the petitioner, WPA 1126 of 2026 stands disposed of by giving liberty to the petitioner to submit a representation before the concerned authority insofar as his grievance against the encroachment made by the private respondent on the National Highway is concerned. If such representation is made, the concerned authority shall consider and dispose of the same in accordance with law after affording an opportunity of hearing to the petitioners, the private respondent and any other person, who may be affected by such decision. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)