ASHIMA HALDER AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/2296/2026 · 2026-02-04
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5486 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5486 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 19 (265719) 04.02.2026
(AD 17)
(S. Banerjee) WPA 2296 of 2026
Ashima Halder & Ors. Vs. The State of West Bengal & Ors.
Mr. Sarthak Burman
…for the petitioners Ms. Sanjita Roy Mr. Bhaskar Chakraborty
…for the State Mr. Chandra Nath Sarkar
…for the respondent no. 9
Affidavit of service filed in Court today, is taken on record. The petitioners claim to be the owner of LR Dag No. 845, LR Khatian No. 1491 in Mouza – Ghasiyaara in the district of South 24 Parganas. The petitioners allege that the private respondents have encroached upon a portion of the PWD road lying adjacent to the aforesaid property of the petitioners. Petitioners claim to have submitted a representation before the Assistant Engineer, Public Works (Roads) Department, Baruipur dated January 6, 2026. Learned advocate appearing for the petitioners submits that in spite of receipt of such representation no steps have been taken by the respondent
2 authorities for removal of such unauthorized encroachment. Mr. Sarkar, learned advocate appearing for the private-respondent submits that the private- respondent has not encroached upon any portion of the PWD road. Heard the learned advocate appearing for the State. Since a representation alleging encroachment upon the PWD road has been made, it is the duty of the respondent authorities to consider the representation and to take steps in accordance with law if an encroachment upon the PWD road is found. Without entering into the merit of the claim made in the said representation, this writ petition stands disposed of by directing the Assistant Engineer, Public Works (Roads) Directorate, Baruipur Sub-Division, being the 5th respondent herein, to consider the representation of the petitioners dated January 6, 2026 and upon necessary enquiry and demarcation through competent officials, if any encroachment upon the PWD road is found, necessary proceeding in accordance with the provisions of the West Bengal Highways Act, 1964 shall be initiated. The entire exercise under the said
3 provision shall be completed as expeditiously as possible but positively within a period of eight weeks from the date of receipt of a server copy of this order along with a copy of the representation dated January 6, 2026.
(Hiranmay Bhattacharyya, J.)