SUNIL ROUTH AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/2844/2026 · 2026-02-12
Hiranmay Bhattacharyya
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 5958 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5958 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item-
14. sg 12-02-2026 Ct. 19 WPA 2844 of 2026 Sunil Routh & Ors. Versus The State of West Bengal & Ors. Mr. Debashis Banerjee Mr. Rakesh Jana
...for the petitioners Sk. Md. Galib Mr. Kapil Guha …for the State Mr. Biswajit De Mr. Subhajit De …for the respondent nos.7&8
Sixteen persons, all claiming to be the permanent residents of Village Mahatpur under Police Station Panskura, in the District of Purba Medinipur have jointly filed this writ petition highlighting the difficulties faced by the petitioners to access the National Highway-16 from their respective properties. A representation signed by 286 persons have been submitted before the Pradhan Panskura-I Gram Panchayat and the concerned Block Land Development Officer, praying for allowing them to access the National Highway through the road, which was the subject matter of a writ petition being WPA 20223 of 2024 at the instance of the private respondents herein. The petitioners have prayed for a direction upon the respondent authorities to provide a viable, safe and motorable alternative access route connecting Mahatpur Shibmandir and the National Highway-16. At this stage, it would be relevant to point out that this Court disposed of the aforesaid writ petition being WPA
20223 of 2024 by a judgment dated November 26th November, 2025 with the following directions. “In view of the reasons as stated hereinbefore, the writ petition is disposed of with the following direction: i) The Block Land and Land Reforms Officer, Panskura-I, being the respondent no. 8, shall demarcate the property of the petitioners being plot nos. 2058 and 2125 within Mouza Mahatpur under Police Station – Tamluk in the district of Purba Medinipur by deputing competent Amins/surveyors for such purpose and to prepare a sketch map demarcating the property of the petitioners indicating whether in any portion of the said plots there is existence of any concrete road. ii) The entire work of demarcation shall be carried out upon prior service of notice to the petitioners, the Zilla Parishad and the BDO, Panskura-I. Petitioners and the aforesaid authorities shall be authorized to depute their authorized representatives at the time of such demarcation. It will be also open to the petitioners to depute any of the competent surveyor at the time of such demarcation. 2025.
iii) The report of demarcation, including sketch map, shall be supplied to the petitioners, the Zilla Parishad and the BDO, Panskura-I. iv) The aforesaid exercise shall be completed by the respondent no. 8 within a period of six weeks from the date of receipt of a server copy of this order. v) If upon demarcation of the said property it is found that the aforesaid plots of the petitioners have been utilized for construction of any road, concrete or otherwise, steps for removal of such construction shall be taken by the Purba Medinipur Zilla Parishad and the BDO, Panskura-I shall render all assistance and cooperation at the time of such removal of construction of the road and shall restore the plots in question to its original condition. Such 2
exercise shall be completed as expeditiously as possible but positively within a period of four weeks from the date of completion of the demarcation by the BL&LRO. vi) The Officer in Charge of Panskura Police Station shall render all assistance to the aforesaid authorities at the time of demarcation as well as the removal of the construction of the road, if any. 2025. vii) It will be open to the Officer in Charge of Panskura Police Station to requisition additional police force from the Superintendent of Police, Purba Medinipur, if the occasion so arises and the Superintendent of Police shall take steps in accordance with law.” After going through the statements made in the representation dated 18th December, 2025, which is annexed at page 39 of this writ petition and the averments made in the writ petition, it appears to this Court that the petitioners have approached this Court with an intention to stall execution of the judgment and order dated 26th November, 2025 passed in WPA 20223 of 2025 as rightly submitted by the learned Advocate for the private respondent.
Faced with such situation, the learned Advocate appearing for the petitioners submits that a direction be passed upon the respondent authorities to provide an alternative motorable access route from the Mahatpur Shibmandir to National Highway-16. Though 286 persons are concerned with the benefit of the residents of the locality but in the representation, the said persons have not suggested an alternative access from the said Mahatpur Shibmandir to National Highway-16. 3
At this stage, the learned Advocate appearing for the petitioners seeks a liberty to submit a comprehensive representation before the concerned authorities suggesting the alternative access by mentioning the particulars of plot(s) through which the arrangement of an alternative access can be made. In the light of the submission made by the learned advocate for the respective parties, this writ petition stands disposed of by granting liberty to the petitioners to file a comprehensive representation to the concerned authorities specifically mentioning therein the particulars of the plot numbers through which an arrangement of alternative access excluding the plot of the land of the petitioners of WPA 20223 of 2024 may be made. If such a representation is made, the authorities shall consider the same in accordance with law. It is, however, made clear that the pendency of any representation, permitted to be submitted by this order, shall not be an embargo upon the respondent authorities from taking steps pursuant to the judgment dated 26th November, 2025 passed in WPA 20223 of 2024. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.) 4