28.09.2026 Sl. No. 64 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 11612 of 2026 Santanu Maji & Anr. Vs. The State of West Bengal & Ors. Ms. Aparajita Mondal, Mr. Biplab Adak, … for the Petitioners. Mr. Anup Dasgupta, Mr. Yudhisthir Maity, Ms. Jayita Dhar Chakraborty, Mr. R. Chatterjee, …. For the State. 1. Affidavit of service as filed today on behalf of the writ petitioners is taken on record. 2. None appears on behalf of the respondent municipality. However, learned advocate for the writ petitioners and learned advocate for the respondent State are present. 3. By filing the instant writ petition, the writ petitioners have prayed for the issuance of an appropriate writ/writs against the respondent authority, more specifically against respondent no. 11 authority, commanding him to remove the illegal encroachment allegedly made by the respondent Nos. 14 and 15 authorities over the PWD land contiguous to the writ petitioners’ property, particulars of which have been mentioned in paragraph 3 of the writ petition. 2 4. It is argued on behalf of the writ petitioners that it is the specific case of the writ petitioner that, on account of such illegal construction, the writ petitioners are facing difficulty to get easy access to his own property situated in plot No. 117, in Mouza Tarakeswar, P.S. Tarakeswar, District Hooghly. 5. Learned advocate appearing on behalf of the respondent State, in his usual fairness, submits before this Court that respondent No. 11 authority may be directed to consider the grievance of the writ petitioner, as has been ventilated under cover of his representation dated 13.05.2026. 6. In view of such submissions, this Court, while disposing of the instant writ petition, passes the following orders: a. The respondent No. 13 authority is hereby directed to make field verification after giving prior notice to the writ petitioners and respondent municipality, and shall submit a demarcation report with the respondent No. 11 authority positively within 30 working days from the date of communication of the server copy of this order. b. The respondent No. 11 authority, upon receipt of such demarcation report, shall give notices to the writ petitioners and the respondent Municipality, and shall provide them copies of the said demarcation report. c. Respondent No. 11 authority is further directed to consider the representation dated 13.05.2026 3 submitted by the writ petitioners in accordance with law, after giving due opportunity of hearing both to the writ petitioners and the respondent municipality and/or their authorized representatives, and shall pass a reasoned order in the light of the demarcation report as will be submitted by the jurisdictional BL&LRO, that is, respondent No. 13 authority. d. The entire exercise, as indicated in the foregoing paragraph, is to be completed by the respondent No. 11 authority positively within a period of 45 working days from the date of receipt of the demarcation report from respondent No. 13 authority. e. The time limits as fixed by this Court are peremptory and mandatory. f. It is further directed that if, while passing the reasoned order, respondent No. 11 authority finds sufficient merit in the representation dated 13.06.2026 submitted by the writ petitioners, he is directed to take all consequential action soon thereafter. g. With the aforementioned observations, W.P.A. 11612 of 2026 is disposed of. h. Before parting with, it is, however, made clear that while disposing of the instant writ petition, this Court has not gone into the merits of the representation dated 13.06.2026 as submitted by the writ petitioners, and thus all points are kept 4 open for adjudication by the respondent No. 11 authority. (Partha Sarathi Sen, J.)