Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 41707 (CAL)

MITHUN MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/15322/2026 · 2026-09-16

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.09.2026 Sl. No. 13 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 15322 of 2026 Mithun Maity Vs. State of West Bengal & Ors. Mr. Salil Kumar Maiti, Ms. Dolan Samanta, …for the petitioners. Mr. Kanailal Samanta, … for the respondent nos. 8-13. Ms. Manju Agarwal, Ld. AGP Mr. Indradip Halder, …for the State. 1. Affidavit of service as filed today on behalf of the petitioner is taken on record. 2. The writ petitioner, the respondent State and the private respondents are represented by their respective learned advocates. 3. By filing the instant writ petition, the writ petitioner prays for issuance of appropriate writ/writs against the respondent no. 3 authority commanding him to remove the illegal construction as allegedly raised by the private respondents over the PWD land in front of the land of the writ petitioner, particulars of which have been mentioned in paragraph no. 2 of the instant writ petition. 2 4. At the time of hearing, Mr. Maiti, learned advocate appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that on account of the encroachment made by the private respondents over the PWD land, the writ petitioner’s egress and ingress has been obstructed and finding no other alternative, the writ petitioner submitted a representation dated 17.06.2026 with the respondent no. 3 authority and pursuant to such representation, the respondent no. 3 authority requested the respondent no.6 authority to make a demarcation report which would be evident from the copy of the memo dated 09.07.2026 as filed by the writ petitioner today which is taken on record. 5. It is thus, submitted that appropriate relief/reliefs will be given to the writ petitioner in terms of prayer of the instant writ petition. 6. Ms. Manju Agarwal learned Additional Government Pleader submits before this Court that pursuant to the representation submitted by the writ petitioner, the respondent authorities have taken appropriate steps for demarcation of the land. 7. She assures that in the event it is found that there is any illegal encroachment over the PWD land, appropriate steps will be taken for removal of the encroachment. 3 8. Learned advocate appearing on behalf of the private respondents vehemently opposes the prayer of the writ petitioner. 9. It is submitted that no part of the writ petitioner’s land has been blocked and, therefore, the allegations of facing difficulty regarding egress and ingress to the writ petitioner’s land is nothing but a myth. 10. On careful consideration of the entire materials as placed before this Court, this Court disposes of the instant writ petition with the following directions:- I. The jurisdictional BL & LRO that is the respondent no. 6 authority is directed to complete the process of demarcation at the disputed land positively within 30 working days from date, if not done in the meantime, and he is directed to serve the notice in advance upon the writ petitioner and the private respondents prior to the do the work of demarcation. II. The respondent no. 6 authority is further directed to submit its demarcation report with the respondent no.3 authority soon thereafter. III. The respondent no. 3 authority on receipt of such demarcation report from the respondent no. 6 authority is directed to 4 cause service of notice upon the writ petitioner and the private respondents and shall provide them copies of the demarcation report. IV. The respondent no. 3 authority is further directed to consider the representation dated 17.06.2026 in accordance with law and after giving an opportunity of hearing both to the writ petitioner and the private respondents, shall pass a reasoned order in respect of the said representation in the light of the demarcation report as would be submitted by the respondent no. 6 authority. 11. The entire process as indicated hereinabove shall have to be completed by the respondent authority within sixty working days from the date of receipt of the demarcation report of the respondent no. 6 authority. 12. It is further directed that in the event while passing the reasoned order, the respondent no. 3 authority finds sufficient merit in the representation of the writ petitioner dated 17.06.2026, he is directed to take all consequential action soon thereafter. 13. Liberty is given to the learned advocate on record of the writ petitioner to communicate the 5 server copy of this order to the respondent no. 3 and respondent no. 6 authorities, who are directed to act on the server copy of this order. 14. With the aforementioned observation WPA 15322 of 2026 stands hereby disposed of. 15. Before parting with it is made clear that while disposing of the instant writ petition, this Court has not gone into the merits of the representation dated 17.06.2026 as submitted by the writ petitioner, thus all points are kept open for adjudication by the respondent no. 3 authority. 16. 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.)