IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.19 29.09.26 Item No27 Sws.M WPA 27178 of 2026 Manika Giri Vs The State of West Bengal & Ors. Mr. Debasish Sur Mr. Rajib Kumar Acharyya …for the petitioner Ms. Jayita Dhar Chakraborty, JGA Mr. Joy Ranjan Dhar ….for the State 1. The affidavit of service as filed today on behalf of the writ petitioner, is taken on record. None appears on behalf of the private respondent despite service, however, learned advocate for the writ petitioner and the learned advocate for the respondent/State are present. 2. At the time of hearing, Mr. Sur, learned advocate appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that the writ petitioner is the Raiyat in respect of a portion of LR Plot No. 1907 in Mouza- Khejurda under P.S. – Egra, Dist – Purba Medinipur and the said Raiyati land of the writ petitioner is contiguous to Contai-Belda State Highway which belongs to PWD authority. 3. It is submitted further that it is the further case of the writ petitioner that the private respondent has 2 made encroachment over the PWD road in such a fashion that the writ petitioner is facing difficulty to get access to his own Raiyati land as mentioned (supra). 4. It is further submitted that despite submission of the representation dated 17.08.2026 by the writ petitioner, no action has been taken by the respondent No. 5/authority. 5. Mr. Sur thus submits that it is a fit case for granting relief/reliefs to the writ petitioner in terms of the prayer of the instant writ petition. 6. Ms. Dhar Chakraborty, learned advocate appearing on behalf of the respondent/State in her usual fairness submits before this Court that the respondent No. 5/authority may be directed to consider the representation dated 17.08.2026 as submitted by the writ petitioner in accordance with law. 7. On careful perusal of the entire materials as placed before this Court and after hearing learned advocates for the contending parties this Court while disposing the instant writ petition passes the following directions: (a) The respondent No. 6/authority is hereby directed to serve notice upon the writ petitioner and the private respondent and shall make a field 3 verification at the disputed plot and after completion of the same, the respondent No. 6/authority shall submit the field verification report/demarcation report to the respondent No. 5/authority, positively within thirty working days from the date of communication of the server copy of this order. (b) The respondent No. 5/authority on receipt of the demarcation report/field verification report from the respondent No. 6 shall cause notice to the writ petitioner and the private respondent and shall provide them the copies of the said field verification report /demarcation report as would be submitted by the respondent No.6/authority. (c) The respondent No. 5/authority is further directed to consider the representation dated 17.08.2026 in accordance with law as well as in the light of the demarcation report as would be submitted by the respondent No.6/authority and after giving fair chance of hearing both to the writ petitioner and the private respondent, 4 shall pass a reasoned order upon the representation dated 17.08.2026 and shall forthwith communicate the same both to the writ petitioner and the private respondent. (d) The entire exercise, as indicated in the foregoing paragraphs, shall have to be completed by the respondent No. 5/authority positively within 45 working days from the date of receipt of the demarcation report/field verification report from the respondent No.6. (e) The time limits, as fixed by this Court, are peremptory and mandatory. (f) Liberty is given to the learned advocate- on-record for the writ petitioner to communicate the server copy of this order to the respondent No. 5 and 6/authorities, who are directed to act on the server copy of this order. (g) It is further directed that in the event, while passing the reasoned order on the representation dated 17.08.2026, the respondent No. 5/authority finds sufficient merit in such representation dated 17.08.2026 as submitted by the 5 writ petitioner, he is directed to take consequential action soon thereafter. 8. With the aforementioned observations, the instant writ petition is disposed of. 9. Before parting with, it is, however, made clear that while disposing the instant writ petition, this Court has not gone into the merits of the representation dated 17.08.2026 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.)