MST. SURIYA BEGUM @ KHATUN v. STATE OF WEST BENGAL AND ORS.
WPA/16852/2026 · 2026-09-30
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45644 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45644 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L26 30.09.2026 Bpg.
WPA No.16852 of 2026
Mst. Suriya Begum @ Khatun Versus The State of West Bengal & Ors.
Mr. Sandipan Banerjee Mr. Md. Amanulla Molla Ms. Priyanka Sen. …for the petitioner.
Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay. …for the State.
Mr. Shyama Prasad Purkait Mr. Debabrata Mondal. …for the respondent no.8.
Mr. Pradip Kumar Mondal Mr. Arka Mondal. …for the respondent nos.9 and 10.
1. Affidavit-of-service as filed today on behalf of the petitioner is taken on record.
2. Parties are represented through their respective
learned counsel.
3. By filing the instant writ petition the writ petitioner has prayed for issuance of an appropriate writ/writs against the respondent no.6 authority commanding him to remove the encroachment as made by the writ petitioner over the P.W.D. Road in front of the writ petitioner’s property, particulars of
2 which has been mentioned in paragraph 2 of the instant writ petition, since, according to the writ petitioner, on account of such encroachment the writ petitioner is facing difficulty to get easy access to her own property.
4. At the time of hearing Mr. Banerjee, learned advocate appearing on behalf of the writ petitioner submits before this Court that alleging such encroachment the writ petitioner has submitted a representation dated 18.12.2025 with the respondent no.6 authority but no steps have been taken as yet. It is, thus, submitted by Mr. Banerjee that appropriate relief/reliefs may be granted to the writ petitioner in terms of prayer (a) made in the writ petition.
5. Learned advocates appearing on behalf of the State in their usual fairness submit before this Court that the jurisdictional Assistant Engineer of Diamond Harbour Highway Division, Public Works Department (Roads) may be directed to consider the representation dated 18.12.2025 as submitted by the writ petitioner in accordance with law.
6. Learned advocate appearing on behalf of the private respondents contended that allegations as made out in the instant writ petition is frivolous inasmuch as the egress and ingress of the writ
3 petitioner to her own land, particulars of which has been mentioned in paragraph 2 of the instant writ petition, is no way restricted.
7. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition passes the following directions:- (a) The jurisdictional Block Land & Land Reforms Officer is directed to give prior notice to the writ petitioner and the private respondents and shall cause field verification at the disputed plot and shall submit a report with the jurisdictional Assistant Engineer, Diamond Harbour Highway Division, Public Works Department (Roads) positively within 30 working days from the date of communication of the server copy of this
order. (b) The jurisdictional Assistant Engineer, Diamond Harbour Highway Division, Public Works Department (Roads) on receipt of such demarcation report from the jurisdictional BL & LRO is directed to serve notice upon the writ petitioner and the private respondents
4 and shall provide them copies of the said demarcation report. (c) The jurisdictional Assistant Engineer, Diamond Harbour Highway Division, Public Works Department (Roads) is further directed to consider the representation dated 18.12.2025 as submitted by the writ petitioner in the light of the demarcation report as would be submitted by the jurisdictional BL & LRO and after giving fair chance of hearing, both to the writ 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. (d) The entire exercise, as indicated in the foregoing paragraphs, is to be completed by the jurisdictional Assistant Engineer, Diamond Harbour Highway Division, Public Works Department (Roads) within 45 working days from the date of receipt of demarcation report from the jurisdictional BL & LRO. (e) The time limit as fixed by this Court is peremptory and mandatory.
5 (f) It is further directed that in the event while passing the reasoned order, the said jurisdictional Assistant Engineer, Diamond Harbour Highway Division, Public Works Department (Roads) finds sufficient substance in the representation of the writ petitioner dated 18.12.2025, he is directed to take all consequential action forthwith.
8. With the aforementioned observation, 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 18.12.2025 as submitted by the writ petitioner and, thus, all points are kept open for adjudication by the said Assistant Engineer, Diamond Harbour Highway Division, Public Works Department (Roads).
10. 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 6 authorities who are directed to communicate the said server copy of this order to the jurisdictional BL & LRO and the jurisdictional Assistant Engineer, Diamond Harbour Highway
6 Division, Public Works Department (Roads) under their control forthwith.
11. There will be no order as to costs.
12. Urgent Photostat certified copies of this order, if applied for, be given to the parties, upon compliance of all requisite formalities.
(Partha Sarathi Sen, J.)