IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.19 29.09.26 Item No.17 Sws.M WPA 24201 of 2025 Surya Kumar Sahoo & Ors. Vs The Union of India & Ors. Mr. Salil Kumar Maiti Ms. Dolan Samanta …for the petitioners Ms. Jayita Dhar Chakraborty, JGA Mr. Joy Ranjan Dhar ….for the State Mr. Dipankar Das Mr. Mridutpal Bhattacharya ….for the NHAI 1. Two numbers of affidavits of service as filed today on behalf of the writ petitioners, are taken on record. The writ petitioners, the respondent/State and the NHAI are represented by their respective learned advocates. 2. By filing the instant writ petition, the petitioners have prayed for issuance of appropriate writ/writs against the respondent authorities, more specifically against the respondent No. 4/authority commanding him to remove the unauthorized construction over the National Highway No. 116 as allegedly made by the private respondent No. 8 in front of the land of the writ petitioners, particulars of which has been 2 mentioned in paragraph 2 of the instant writ petition. 3. It is submitted on behalf of the writ petitioners that on account of such encroachment over the said National Highway, the writ petitioners are facing difficulty to get easy access to his ‘Raiyati’ plot of land bearing No. 969, under Mouza – Hansgerya, J.L. No.83 under the jurisdiction of Nandakumar P.S. district – Purba Midnapore. 4. It is argued that finding no other alternative, the petitioner’s submitted a representation dated 16.08.2025 with the respondent/authority, but in vain. 5. Learned advocate appearing on behalf of the NHAI, in his usual fairness submits before this Court that the respondent No. 4/authority may be directed to consider the representation of the writ petitioners in accordance with law. 6. Ms. Dhar Chakraborty, learned advocate appearing on behalf of the respondent/State supports the contention of the NHAI/authority. 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 directs the respondent No.4/authority to issue notice to the writ petitioners and to the respondent No. 8 and/or any other 3 stakeholders under Section 26(2) of the Control of National Highways (Land & Traffic) Act, 2002 (the said Act in short) and thereafter initiate a proceeding on the basis of the representation dated 16.08.2025 as submitted by the writ petitioners and after giving due opportunity of hearing to the writ petitioners, the private respondent and/or any other stakeholders and/or their authorized representatives and shall pass a reasoned order on the representation of the writ petitioners and shall forthwith communicate the same to the writ petitioners and the private respondent as well as to any other stakeholders, if there be any. 8. It is further directed that in the event while passing the reasoned order, the respondent No. 4 /authority finds sufficient substance in the said representation of the writ petitioners, he is directed to take all consequential action in terms of Section 26(6) of the said Act. 9. The entire exercise, as indicated in the foregoing paragraphs shall have to be completed by the respondent No. 4/authority positively within 60 working days from the date of communication of the server copy of this order. 10. The time limits, as fixed by this Court, are peremptory and mandatory. 4 11. Liberty is given to the learned advocate-on-record for the writ petitioners to communicate the server copy of this order to the respondent No. 4, who is directed to act on the server copy of this order. 12. With the aforementioned observations, the instant writ petition is disposed of. 13. 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 16.08.2025 and thus all points are kept open for adjudication by the respondent No. 4/authority. 14. 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.)