03.09.2026 Item No.27 Ct. No. 19 RP W.P.A. 5296 of 2025 NARGIS BEGUM @ NARGIS BIBI Vs STATE OF WEST BENGAL & Ors. Mr. Arif Ali Mr. Hebzur Rahaman ….. For the Petitioner Ms. Susmita Pal Mr. Snehansu Majumder …..For State 1. The writ petitioner and the respondent/State are represented by their respective counsel. 2. On behalf of the respondent/State a compilation of papers bearing memo dated 28.07.2026 is filed, which is taken on record. 3. None appears on behalf of the private respondent. 4. By filing this instant writ petition the writ petitioner has prayed for issuance of appropriate writ or writs against the respondent authorities commanding them to demolish the illegal construction as made by the private respondent no.14 over the PW road, being plot no.1112 in Mouza-Durgapur, under PS-Khargram, District- Murshidabad. 5. On careful perusal of the entire materials as placed before this Court it appears that on receipt of the complaint from the writ petitioner the jurisdictional BL & LRO made a field 2 verification and noticed encroachment at the instance of the private respondent no.14 over RS Plot No.1112, which is a chut plot belonging to the government. It further reveals that thereafter the respondent no.7 authority has issued a notice under Section 10 of the West Bengal Highways Act, 1964 (hereinafter referred as the “said Act”) against the respondent no.14 asking him to remove alleged illegal construction but in vain. It reveals further that on account of failure on the part of the private respondent no.14 the respondent no.7 authority approached the Sub-Divisional Magistrate, Kandi Sub- Division, Kandi to initiate a proceeding under Section 10(3) of the said Act for removal of encroachment by the private respondent no.14. 6. No material has been placed before this Court that the Sub-Divisional Magistrate, Kandi Sub- Division, Kandi on receipt of such request vide memo dated 24.07.2026 from the respondent no.7 authority has been initiated a proceeding under Section 10(3) of the said Act. 7. In view of such, this Court while disposing of the instant writ petition directs the Sub-Divisional Magistrate, Kandi Sub-Division, Kandi, Murshidabad-742147 to initiate a proceeding under Section 10(3) of the said Act in accordance with law and shall reach to a logical 3 conclusion of the same positively within 45 working days from the date of communication of the server copy of the order. 8. The time limit as fixed by this Court is peremptory and mandatory. 9. Liberty is given to the learned Advocate-on- Record of the petitioner to communicate a server copy of this order to the Sub-Divisional Magistrate, Kandi Sub-Division, Kandi, Murshidabad-742147. 10. Before parting with, it is, however, made clear that while disposing of the proceeding under Section 10(3) of the said Act the Sub-Divisional Magistrate, Kandi Sub-Division, Kandi shall abide by the statutory compliance as mandatory under Section 10(3) of the said Act. 11. Liberty is given to the writ petitioner to approach the Sub-Divisional Magistrate, Kandi Sub-Division, Kandi in the event the writ petitioner finds that during pendency of the proceeding under Section 10(3) of the said Act, the respondent no.14 is making further construction over the said plot of land. In the event, such approach is made the Sub- Divisional Magistrate, Kandi Sub-Division, Kandi is at liberty to pass appropriate order in accordance with law. 4 12. With the aforementioned observations, this instant writ petition is disposed of. (PARTHA SARATHI SEN, J.)