30.09.2026 Sl. No. 28 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 17394 of 2026 Kamal Kumar Bhuniya Vs. The State of West Bengal & Ors. Mr. Subhas Jana, Ms. Mahua Palit, Mr. Indranil Ray … for the Petitioner. Mr. Dinesh Chandra Singh, Mr. Piyas Chowdhury, …. For the State. 1. Liberty is given to the learned advocate-on-record for the writ petitioner to correct the Cause Title in respect of the respondent no.3 by making necessary insertion in the Cause Title of the instant writ petition positively in course of this day in Court. 2. Affidavit of service as filed today on behalf of the writ petitioner is taken on record. 3. None appears on behalf of the private respondents despite notice. However, learned advocate for the wit petitioner and the learned advocate for the respondent State are present. 4. By filing the instant writ petition, the petitioner has prayed for issuance of appropriate writ or writs against respondent No. 5 authority, commanding him to remove the encroachment from the PWD road as allegedly made by the private respondents in front of 2 the petitioner’s land, particulars of which have been mentioned in paragraph 2 of the instant writ petition. 5. It is submitted that on account of such encroachment, the ingress and egress of the writ petitioner to his own property, as mentioned in paragraph 2 of the instant writ petition, is seriously obstructed. 6. It is submitted further that despite submission of representation dated 05.03.2026 with the respondent authorities, no action has been taken. 7. It is thus, submitted that appropriate relief/ reliefs may be granted to the writ petitioner in terms of the prayers made in the instant wit petition. 8. Mr. Piyash Choudhury, learned advocate appearing on behalf of the respondent State, and duly led by Mr. Singh, submits before this Court, upon instruction, that the jurisdictional BL&LRO has already submitted a demarcation report with the respondent No. 5 authority. 9. In view of such, this Court, while disposing of the instant writ petition, directs as follows: i. The respondent No. 6 authority is hereby directed to make a field verification and to submit a demarcation report with the respondent No. 5 authority, after prior notice to the writ petitioner and the private respondents, if not done in the meantime. Such report is to be submitted positively within 30 working days from the date of 3 communication of the server copy of this order. ii. The respondent No. 5 authority, on receipt of the said demarcation report from the respondent No. 6 authority, is directed to cause service of notice upon the writ petitioner and private respondents and shall provide them the copies of the demarcation report as would be submitted by the respondent No. 6 authority. iii. The respondent No. 5 authority is further directed to consider the representation dated 05.03.2026 as submitted by the writ petitioner in accordance with law and also in the light of the demarcation report as would be submitted by respondent No. 6 authority and after giving fair chance of hearing both to the petitioner and the private respondents, and/or their authorized representatives, shall pass a reasoned order and shall forthwith communicate the same both to the writ petitioner and the private respondents. 10. The entire exercise, as indicated in the foregoing paragraph, is to be completed by respondent No. 5 authority positively within 45 working days from the date of receipt of the demarcation report from the respondent No. 6 authority. 4 11. The time limit as fixed by this Court is peremtory and mandatory. 12. Liberty is given to the learned advocate-on- record for the writ petitioner to communicate the server copy of this order to respondent Nos. 5 and 6 authorities, who are directed to act on the server of the order. 13. Before parting, it is further made clear that in the event, while passing the reasoned order, the respondent No. 5 authority finds sufficient merit in the representation dated 05.03.2026 as submitted by the writ petitioner, he is directed to take all consequential actions soon thereafter. 14. With the above observations, the instant writ petition is disposed of. 15. 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 05.03.2026 and thus all points are kept open for adjudication by respondent No. 5 authority. (Partha Sarathi Sen, J.)