08.09.2026 Item No.6 Ct. No. 19 PG W.P.A. 24512 of 2025 Sk. Asif Uddin. Vs. The State of West Bengal & Ors. Mr. Sandipan Maity Mr. Rajkumar Sain..For the Petitioner Mr. Manju Agarwal Mr. Dinesh Ch. Singh…..For the State Mr. Salil Kr. Maiti Ms. Dolon Samanta …..For the respondent nos. 8, 9, 12 & 13 1. Affidavit of service, as filed today on behalf of the writ petitioner is taken on record. 2. The writ petitioner, respondent/State and its instrumentalities and the private respondent nos. 8, 9, 12 and 13 are represented by the respective counsel. None appears on behalf of the private respondent nos. 10 and 11. 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 the respondent no. 5 authority 2 commanding him to remove the encroachment, as allegedly made by the private respondents over the PWD Road in front of the petitioner’s land, particulars of which has been mentioned in paragraph 2 of the instant writ petition. 4. It is submitted that despite submission of representation dated 04.08.2025, no steps have been taken by the respondent authorities for removal of such illegal construction, which is hampering the ingress and egress of the writ petitioner to his own land, as mentioned (supra). 5. Learned advocate appearing on behalf of the private respondent nos. 8, 9, 12 and 13 vehemently opposes such prayer. It is contended that the writ petitioner himself is an encroacher of the PWD land and he has made series of constructions over the PWD land. 6. On careful consideration of the entire materials and after hearing the learned advocates for the contending parties, this 3 Court proposes to dispose of the instant writ petition by passing the following orders. 7. The respondent no. 6 authority is directed to carry out the field verification at the disputed plot of land, particulars of which has been mentioned in paragraph 2 of the instant writ petition as well as in the surrounding area after giving prior notice to the writ petitioner and the private respondents and shall submit a demarcation report with the respondent no. 5 authority positively within 30 working days from the date of communication of server copy of this order. 8. The respondent no. 5 authority, on receipt of the demarcation report from the respondent no. 6 authority, shall serve notice upon the writ petitioner and the private respondents and shall provide them copies of the demarcation report, as would be submitted by the respondent no. 6 authority. 4 9. The respondent no. 5 authority shall give a fair chance of hearing both to the writ petitioner and the private respondents and/or their authorised representative and shall pass a reasoned order on the representation dated 04.08.2025 and shall forthwith communicate the same both to the writ petitioner and the private respondents soon thereafter. 10. The respondent no.5 authority is further directed to take appropriate steps in the event, it is noticed with the demarcation report that the writ petitioner himself is the encroacher of the PWD land. 11. The entire exercise, as indicated hereinabove, shall have to be completed by the respondent no. 5 authority positively within 45 working days from the date of receipt of the demarcation report from the respondent no. 6 authority. 12. The time limits, as fixed by this Court are peremptory and mandatory. 5 13. Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order along with a copy of the representation dated 04.08.2025 to the respondent no. 6 authority as well as to the respondent no. 5 authority, who are directed to act on the server copy of this order. 14. It is further directed that in the event, while passing the reasoned order, the respondent no. 5 authority finds encroachment over the PWD land either by the private respondents or by the writ petitioner, he is directed to take all consequential actions soon thereafter. 15. Before parting with, it is made clear that while disposing the instant writ petition, this Court has not gone into the merits of the representation of the writ petitioner dated 04.08.2025 and thus, all points are kept open for adjudication by the respondent no. 5 authority. 6 16. With the aforementioned observations /directions, the instant writ petition being W.P.A. 24512 of 2025 is disposed of. 17. 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.)