IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.19 22.09.26 Item No.25 Sws.M WPA 30994 of 2024 Pasupati Baidya Vs The State of West Bengal & Ors. Mr. Kartik Kumar Roy Mr. Debashis Banerjee Mr. Apurba Kolya …for the petitioner Dr. Siddhartha Goswami Mr. Abhishek Addhya ….for the State 1. The affidavit of service as filed today on behalf of the writ petitioner, is taken on record. 2. The writ petitioner and the respondent/State are represented by their respective counsel. 3. None appears on behalf of the private respondent despite service. 4. By filing the instant writ petition, the petitioner alleges illegal encroachment on PWD road at the instance of the private respondent contiguous to the writ petitioner’s raiyati land, particulars of which has been indicated in paragraph 2 of the instant writ petition. It is submitted that on account of such illegal encroachment of the private respondent over the PWD road, the petitioner is facing difficulty to get easy access to his own property. 2 5. Learned advocate appearing on behalf of the writ petitioner thus submits that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition. 6. Learned advocate appearing on behalf of the respondent/State, however, contends that from the materials as placed before this Court, it would reveal that RS Plot No. 279 is a pathway. However, the same is recorded in the name of an individual as permissible occupier. It is however submitted that in the event any illegal encroachment is found over the PWD road, the State authority is empowered to remove such encroachment. 7. In view of such this Court while disposing the instant writ petition passes the following directions: (a) Liberty is given to the writ petitioner to submit a comprehensive representation with the respondent No. 6/authority positively within thirty working days from today. (b) The respondent No. 6/authority on receipt of such representation from the writ petitioner shall call for a field verification report and/or demarcation report from the jurisdictional BL&LRO. (c) The said jurisdictional BL&LRO after giving prior notice to the writ petitioner 3 and the private respondent No. 12 shall cause field verification and shall submit a demarcation report/field verification report with the respondent No. 6/authority within thirty working days from the date of receipt of request from the respondent No. 6/authority. (d) The respondent No. 6 on receipt of the field verification report/demarcation report of the jurisdictional BL& LRO shall cause service of notice upon the writ petitioner and the private respondent No. 12 and shall provide them copies of the said demarcation report. (e) The respondent No. 6/authority is further directed to give a fair chance of hearing both to the writ petitioner and the private respondent No. 12 and /or their authorized representative and any other stake holder and shall thereafter pass a reasoned order in connection with the representation of the writ petitioner in accordance with law and in the light of the demarcation as would submitted by the jurisdictional BL&LRO. 4 (f) The entire exercise, as indicated in the foregoing paragraphs is to be submitted by the respondent No. 6/authority positively within 90 working days from the date of receipt of the demarcation report/field verification report from the jurisdictional BL&LRO. (g) In the event, while passing the reasoned order, the respondent No. 6/authority finds that any PWD land has been encroached either by the private respondent No. 12 or by any other person, he is directed to take appropriate actions for removal of such encroachment soon thereafter. 8. With the aforementioned observations, the instant writ petition is disposed of. 9. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen , J.)