DEBENDRA NATH KAIRI v. STATE OF WEST BENGAL AND ORS.
WPA/7711/2026 · 2026-04-02
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7579 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7579 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 19 (265719) 02.04.2026
(AD 5)
(S. Banerjee) WPA 7711 of 2026
Debendra Nath Kairi Vs. Union of India & Ors. Mr. Mahammad Mahmud
…for the petitioner Mr. Ayan Banerjee Ms. Sharmila Deb
…for the State Mr. Arunava Ganguly
…for the respondent no. 6
Affidavit of service filed in Court today, is taken on record. Petitioner claims to be the owner of a plot of land being LR Plot Nos. 57 and 58 within Mouza – Purba Banpur, JL No. 93 within Dhaniakhali Police Station in the district of Hooghly. Petitioner states that a PWD road is running adjacent to the aforesaid property of the petitioner. Petitioner alleges that the private-respondents have raised a construction by encroaching upon the PWD road thereby creating obstruction to the ingress and egress of the petitioner from his property to the PWD road. Petitioner submitted a representation dated February 9, 2026 before various authorities including the Assistant Engineer, Public Works (Roads) Department,
2 Chinsurah praying for removal of encroachment from the PWD road. Mr. Banerjee, learned advocate appearing for the State submits that necessary steps in accordance with law shall be taken if any encroachment upon the PWD road is found. An accommodation has been sought for on the ground of the learned advocate appearing for the private-respondents. Since an allegation of encroachment has been made, it is the duty of the respondent authorities to consider such complaint and to take steps in accordance with law if any encroachment upon the PWD road is found.
Without entering into the merits of the claims made by the petitioner in the representation dated February 9, 2026, this writ petition stands disposed of by directing the Assistant Engineer, Public Works (Roads) Department, Chinsurah, being the 4th respondent herein, to consider the representation of the petitioner dated February 9, 2026 and after causing necessary enquiry and demarcation by engaging competent Amin/Surveyor upon prior service of notice to the petitioner, the private- respondents and any other person who may be
3 affected by such demarcation and upon such demarcation being made, if any encroachment upon the PWD road is found, appropriate proceeding under the provisions Section 10 of the West Bengal Highways Act, 1964 shall be initiated and the entire exercise shall be completed as expeditiously as possible but positively within a period of 12 weeks from the receipt of a server copy of this order along with a copy of the representation dated February 9,
2026. In case it is found that there has been no encroachment upon the PWD road, such decision shall be communicated to the petitioner and others within the time limit as mentioned hereinbefore. Since no affidavit has been called for, the allegations contained in the writ petition shall not be deemed to have been admitted. (Hiranmay Bhattacharyya, J.)