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2026 DAILYLAW 4047 (CAL)

ATUL KRISHNA DAS v. THE STATE OF WEST BENGAL AND ORS.

WPA/14393/2025 · 2026-03-23

Hiranmay Bhattacharyya

body2026

Judgment text

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D/L- 18-19 23/03/2026 Ct. No.-19 Aritra WPA 14393 of 2025 Atul Krishna Das Vs. The State of West Bengal & Ors. With WPA 14648 of 2025 Manik Chand Das Vs. The State of West Bengal & Ors. Mr. Kamal Mishra Mr. Pratap Sanfui ….for the petitioner Mr. Soumitra Bandyapadhyay, Sr. Govt. Adv., Mr. Ramchandra Guchhait ….for the State in WPA 14393 of 2025 Mr. Supratim Dhar, Sr. Adv. Mr. Soumitra Bandyapadhyay, Sr. Govt. Adv., Mr. Ramchandra Guchhait ….for the State in WPA 14648 of 2025 Mr. Subhadeep Chatterjee Ms. Arpita Kundu Ms. Bithin Mandal Mr. Nilabha Roy ….for the private respondents The petitioner claims to be the owner of plots of land being Dag No.9264 and 9265 within Mouza-Kamarda under Police Station-Khejuri in the District of Purba Medinpur. The petitioner states that a PWD road is running adjacent to the aforesaid property of the petitioner and the private respondents have erected a construction by encroaching upon the PWD road thereby obstructing the ingress and egress of the petitioner from his property to the PWD road. 2 Mr. Bandyapadhyay, learned senior Government advocate submits that in the meantime the demarcation has already been made and it has been found that there has been an encroachment upon the PWD road. He further submits that the demarcation report has been served upon the petitioner and the private respondents. The learned advocates representing the petitioner and the private respondents also submit that they have been served with a copy of the demarcation report. Since upon demarcation it has been found that there is an encroachment upon the PWD road, the authorities should take steps for removal of encroachment in accordance with law. In the light of the submissions made by the learned advocates for the respective parties, WPA 14393 of 2025 and WPA 14648 of 2025 stands disposed of by directing the Highway Authority or any Officer authorised by him to take steps in accordance with law for removal of encroachment under Section 10 of the West Bengal Highways Act, 1964 and the entire exercise under the said provision shall be completed as expeditiously as possible but positively within a period of 12 weeks from the date of receipt of a server copy of this order. 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.)