N.22Sl 151/CL 25.09.26 DL-09 Ct.-19 (S.R.) WPA 24325 of 2026 Partha Pratim Tripathi v. The State of West Bengal & Ors. Mr. Pritam Chaudhury Mr. Tamal Taru Panda … for the petitioner. Mr. Asim Hati Mr. Antariksha Karmakar … for the State. 1. Affidavit of service as filed today on behalf of the writ petitioner is taken on record. 2. None appears on behalf of the private respondents despite service. However, learned advocate for the writ petitioner and the learned advocate for the respondent State are represented. 3. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities, more specifically, against the respondentno.5 authority commanding him to remove the encroachment as has been made by the private respondents on the PWD’s road adjacent to the writ petitioner’s land, particulars of which has been mentioned in paragraph 3 of the instant writ petition and, as a result whereof, according to the writ petitioner, the writ petitioner is facing difficulty to get easy egress and ingress to his aforementioned own property. 4. At the time of hearing, learned advocate appearing on behalf of the writ petitioner draws attention to this Court to the various annexures. It is submitted that from the said records of right, it would reveal that the writ petitioner’s name has been recorded in respect of the plots of land, particulars of which has been mentioned in paragraph 3 of the instant writ petition. It is submitted further that since the private respondents have encroached a potion of the PWD’s road adjacent to the writ petitioner’s aforementioned lands, finding no other alternative, the writ petitioner approached the respondent authorities by submitting a representation dated 22.07.2026, a copy of which has been annexed at page nos.25 and 26 of the instant writ petition, however, no action has been taken by the respondent authorities. 5. Learned advocate appearing on behalf of the respondent State while submitting a report dated 11.09.2026, which is taken on record, in his usual fairness submits before this Court that from the report, it would reveal that the private respondents have constructed some shop rooms encroaching the egress and ingress of the writ petitioner’s aforementioned lands and, thus, the respondent 2 nos.3 to 5 authorities may be directed to consider the representation dated 22.07.2026, as submitted by the writ petitioner, in accordance with law. 6. 6. In view of such, this Court while disposing the instant writ petition passes the following directions: - (a) The respondent no.4 authority is directed to carry out a field verification at the disputed plot after giving prior notice to the writ petitioner and the private respondents and shall submit a demarcation report and/or field verification report with the respondent no.5 authority positively within thirty working days from the date of communication of the server copy of this order. (b) The respondentno.5 authority on receipt ;of the field verification report and/or demarcation report from the respondent no.4 authority shall give notice to the private respondents and/or provide them the copies of the said demarcation report. (c) The respodnent no.5 authority is further directed to consider the representation dated 22.07.2026 as submitted by the writ petitioner, in accordance with law, and after giving due chance of hearing to the writ petitioner and the private respondents and their authorized 3 representatives shall pass a reasoned order in the light of the demarcation report and/or filed verification report, as would be submitted by the respondent no.4 authority. (d) The entire exercise as indicted in the foregoing paragraphs shall have to be completed by the respondent no.5 authority positively within sixty working days from the date of receipt of the field verification report and/or demarcation report from the respondent no.4 authority. (e) The time limits as fixed by this Court are preemptory and mandatory. (f) It is further directed that in the event while passing the reasoned order, the respondent no.5 authority finds sufficient merit in the representation of the writ petitioner dated 22.07.2026, he is directed to take all consequential actions forthwith. (g) 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 5 authorities, who are directed to act on the server copy of this order. 7. With the aforementioned observations, WPA 24325 of 2026 is disposed of. 8. There shall, however, be no order as to costs. 9. Before parting with, it is made clear that while 4 disposing the instant writ petition, this Court has not gone into the merit of the representation dated 22.07.2026, as submitted by the writ petitioner, and, thus, all points are kept open for adjudication by the respondent no.5 authority. 10. 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.) 5