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2026 DAILYLAW 40469 (CAL)

ASHOK KUMAR MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/11182/2026 · 2026-09-15

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.09.2026 rc/ct.no.15 Item No.23 WPA No. 11182 of 2026 Ashok Kumar Maity Versus The State of West Bengal & Ors. Mr. Shahan Saha Mr. Soumen Barman Ms. Sanjita Sarkar …for the petitioners Mr. Madhu Jana Ms. Puja Sonkar … for the State Report submitted by the State is taken on record. Alleging construction of a concrete road by encroaching upon a portion of the petitioner’s land, the petitioner approach this Court in a writ petition being WPA No. 464 of 2024. By an order passed on January 10, 2024 a coordinate Bench of this Court directed the Block Development Officer, Namkhana Development Block to ensure that the Pradhan of Fraserganj Gram Panchayat did not proceed to construct the concrete road passing through plot nos. 1723, 1724 and 1744, being subjudice before the learned trial Court. The Pradhan was granted liberty to proceed with the construction on the other portion of the land not connected with the pending civil suit. The said order was not complied with for which a contempt application was filed. It was submitted before this Court that the construction in question was made prior to the order passed by the Court. The contempt application was disposed of granting liberty to the petitioner to agitate his grievance before the competent forum in accordance with law. Learned counsel for the State submits that a portion of the road was constructed through the land of the petitioner prior to filing of the earlier writ petition. The land has not been restored to the petitioner in absence of any order to that effect by any Court. It is not in dispute that the Pradhan has constructed the road in question by encroaching upon a portion of the plots belonging to the petitioner. In view thereof, the Pradhan of Fraserganj Gram Panchayat, being the 7th respondent herein, is directed to remove/demolish the portion of the road encroaching the petitioner’s land within two weeks from the date of communication of this order. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 2