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2026 DAILYLAW 5049 (CAL)

SUNIL KUMAR PATRA AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/6090/2026 · 2026-03-23

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 7. sg 23-03-2026 Ct. 19 WPA 6090 of 2026 Sunil Kumar Patra & Ors. Versus State of West Bengal & Ors. Mr. Debasish Sur Mr. Rajib Kumar Acharyya Mr. Banshi Badan Maity …for the petitioners Affidavit of service filed in Court is taken on record. The learned Advocate appearing for the petitioners submits that the respondents have been duly served. In spite of service, none appears for the State and the private respondents. The petitioners claim to be the owners of LR plot No. 178, within Mouza Bakalsaramgopal, JL No. 159, under Police Station Debra, in District of Paschim Medinipur. The petitioners state that a State Highway from Ashari to Lawada is running adjacent to the property of the petitioners. The petitioners allege that the private respondents have constructed a one-storied building by encroaching upon the PWD road thereby causing obstruction to the ingress and egress of the petitioners from their property to the PWD road. The petitioners submitted representation dated 17th February, 2026 before various authorities including the Assistant Engineer, Public Works (Roads) Directorate, Keleghai Bridge Highway Sub-Division, being the respondent no.6 for removal of unauthorized encroachment upon the PWD road. The learned Counsel appearing for the petitioners submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities to remove the encroachment from the PWD road till date. Without entering into the merits of the claims made by the petitioner in their representation dated 17th February, 2026, WPA 6090 of 2026 stands disposed of by directing the Assistant Engineer, Public Works (Roads) Directorate, Keleghai Bridge Highway Sub-Division, being the respondent no.6, to consider the representation of the petitioners dated 17th February, 2026 and after causing necessary enquiries and demarcation of the plot in question, through competent Amin/Surveyor, upon prior notice to the petitioners, private respondents and any other party/parties who may be affected by such demarcation and if any encroachment upon the PWD road is found, necessary proceeding in accordance with relevant statute shall be initiated and the entire exercise under the said provision shall be completed as expeditiously as possible but positively within a period of 12 weeks from the date of receipt of a server copy of this order along with a copy of the representation dated 17th February, 2026. Needless to mention that if it is found that there has been no encroachment upon the PWD road, such decision shall also be communicated by the sixth respondent to the petitioners within the time limit as indicated hereinbefore. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. 2 (Hiranmay Bhattacharyya, J.) 3