11.09.2026 Sl. No. 11 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 22712 of 2026 Bimal Kumar Samanta Vs. The State of West Bengal & Ors. Mr. Supratim Dhar, Sr. Adv., Mr. Sabyasachi Mondal, Ms. Surasree Ghosh, Mr. Sarthak Dey, Ms. Payel Khanra, …for the petitioners. Mr. Raj Kumar Sain, …for the Respondent Nos. 8-15. Mr. Amit Baran Dash, Mr. Surajit Singh, … for the State. 1. Affidavit of service filed in Court today is taken on record. 2. The writ petitioner, respondent State and the private respondents are represented by their respective learned advocates. 3. Liberty is given to the learned advocate-on-record for the writ petitioner to correct the address of the respondent no. 4 authority by making necessary removal/insertion in the Cause Title of the instant writ petition positively in course of this day in Court. 4. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs as against the respondent authority more specifically against the respondent no. 4 authority to consider the representation dated 15.07.2026, a copy 2 of which has been annexed at page 56 and 57 of the instant writ petition in accordance with law. 5. At the time of hearing Mr. Dhar, learned Senior advocate appearing for the writ petitioner at the very outset submits before this Court that it is the specific case of the writ petitioner that the writ petitioner is the raiyat in respect of plot nos. 148 and 149 in Mouza Mohanpur particulars of which has been mentioned in paragraph 2 of the instant writ petition. 6. It is submitted by Mr. Dhar that it is also the specific case of the writ petitioner that contiguous to the aforesaid two plots of land of the writ petitioner plot no. 168 and plot no. 205 are situated which stood recorded in the name of West Bengal Irrigation and Waterways Department which are in the nature of ‘Danga pu patit’ and ‘Bandh’ (embankment). 7. Drawing attention to paragraph no. 5 of the instant writ petition along with page nos. 25 & 26 it is submitted by Mr. Dhar that it is also the case of the writ petitioner that the private respondents have encroached the said two Government plot nos. 168 and 205 illegally and raised construction thereon. 8. It is further submitted by Mr. Dhar that on account of raising of illegal construction over the aforementioned two Government plots, the writ petitioner is not getting access to his own plot nos. 148 & 149. 9. At this juncture, Mr. Dhar learned Senior advocate appearing on behalf of the writ petitioner 3 draws the attention of this Court to Section 7 and Section 32A of the Bengal Embankment Act, 1882 (the Act of 1882 in short). 10. It is submitted by Mr. Dhar that on harmonius reading of Section 7 and Section 32A of the said Act of 1882, it would reveal that in the event it has been noticed by the engineer-in-charge of the public embankment of a District that any embankment has been used for building and/or the same has been obstructed and/or is subject to encroachment in any manner, he is empowered to remove and/or dismantle and/or demolish such building/obstruction/encroachment. 11. Drawing attention to page nos. 56 and 57 of the instant writ petition it is submitted that quoting the relevant Section of the said Act of 1882 the writ petitioner made a representation with the respondent no. 4 authority seeking intervention for dismantling the unauthorized pucca construction over the Government plot nos. 168 and 205 but in vain. 12. Mr. Dhar, submits that it is a fit case for granting relief to the writ petitioner. 13. Learned advocate appearing on behalf of the respondent State in his usual fairness submits before this Court that the respondent no. 4 authority may be directed to consider the representation dated 15.07.2026 of the writ petitioner in accordance with law. 4 14. Learned advocate appearing on behalf of the private respondents, however, opposes such contention and it is argued that no material could be placed before this Court to substantiate the allegation as made by the writ petitioner. 15. Considering the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court is prima facie satisfied that the writ petitioner has placed some materials to substantiate his contention regarding alleged encroachment over plot Nos. 168 and 205, particulars of which have been mentioned in paragraph 4 of the instant writ petition. 16. In view of such, this Court directs the respondent no. 4 authority to depute an engineer junior to him, who will report before the respondent no.6 authority. The respondent no. 6 authority and the deputed engineer from East Medinipur Irrigation Division shall after giving appropriate notice to the writ petitioner and the private respondents shall cause a field verification at the disputed plots being plot Nos. 168 and 205 in Mouza- Mohanpur, under P.S. Panskura, District Purba Medinipur, particulars of which have been mentioned in paragraph no. 4 of the instant writ petition and shall prepare a field verification report and/or demarcation report and shall submit the same with the respondent no. 4 authority positively within thirty (30) working days 5 from the date of communication of the server copy of this order. 17. The respondent no.4 authority on receipt of the aforesaid joint demarcation report from the respondent no. 6 authority shall cause service of notice upon the writ petitioner and the private respondents and shall provide them copies of the said demarcation and/or field verification report. 18. The respond no.4 authority shall give a fair chance of hearing of both the writ petitioner and the private respondents and/or their authorized representatives and shall pass a reasoned order in connection with the representation dated 15.07.2026 as submitted by the writ petitioner in the light of the said demarcation report and/or field verification report and shall forthwith communicate the same of both the writ petitioner and the private respondents. 19. The entire exercise as indicated in the foregoing paragraph shall have to be completed by the respondent no. 4 authority positively within 45 working days from the date of receipt of the joint demarcation report/field verification report from the respondent no. 6 authority. 20. The time limit as fixed by this Court are peremtory and mandatory. 21. It is further directed that in the event while passing the reasoned order the respondent no. 4 authority finds sufficient merit in the representation dated 15.07.2026 as submitted by the 6 writ petitioner, he is directed to take a consequential action soon thereafter. 22. Liberty is given to the learned advocate-on- record for the writ petitioner to communicate the server copy of this order to the respondent nos. 4 and 6 authorities, who are directed to act on the server copy of this order. 23. It is, however, directed till passing of the reasoned order by the respondent no. 4 authority, the respondent no. 4 and 17 authorities are directed to ensure that no further construction and/or encroachment and/or obstruction take place in the plot no. 168 and plot no. 205 in Mouza- Mohanpur, under P.S. Panskura, District-Purba Medinipur. 24. With the aforementioned observation the instant writ petition is disposed of. 25. Before parting with it is made clear that while disposing the writ petition, this Court has not gone into merits of the representation dated 15.07.2026 and all points are kept open for adjudication by the respondent no. 4 authority. 26. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Partha Sarathi Sen , J.)