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2026 DAILYLAW 9229 (CAL)

ATANU GHOSH v. STATE OF WEST BENGAL AND ORS.

WPA/29215/2025 · 2026-04-10

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 19 (265719) 10.04.2026 (AD 19) (S. Banerjee) WPA 29215 of 2025 Atanu Ghosh Vs. State of West Bengal & Ors. Mr. Surya Prasad Chatterjee Mr. Trishtrya Mancherji …for the petitioner Mr. Tapas Adhikary Mr. Srikanta Paul Md. Arif Ansari …for the State Petitioner claims to be the recorded owner of LR Dag No. 682 within Mouza – Mukundupur, JL No. 10 under Haroa Police Station in the district of North 24 Parganas. Petitioner alleges that the private-respondents have raised a construction by encroaching upon the PWD road just in front of the property of the petitioner thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road. By an order dated January 7, 2026, the Assistant Engineer, Baguiati, Public Works (Roads) Directorate was requested to take steps for demarcation of the property with the assistance of the Block Land and Land Reforms Officer, Haroa, North 2 24 Parganas. Pursuant to the said order, a report of the Block Land and Land Reforms Officer, Haroa dated January 19, 2026 has been filed which is taken on record. From the said report, it appears that a demarcation exercise was carried out by the Revenue Officer on January 15, 2026 with the assistance of the Amin and a demarcation report along with a sketch map has been prepared. The report states that a portion of plot no. 681 (Nayanjuli) is under unauthorized occupation by certain encroachers whose names have been indicated in the said report. The said report further states that plot no. 683 is being used as a general road/way by the public and a portion of the said road is under unauthorized occupation by certain encroachers. Thus, after a demarcation exercise being conducted it has been found that there has been encroachment upon the Nayanjuli as well as the road. Since the authorities have found that there has been an encroachment, it is for the authorities to take steps to remove the encroachment. This writ petition stands disposed of by directing the Executive Engineer, Barasat Highway Sub- Division No. 1, PW(Roads) Directorate and the Sub- Divisional Officer, Bashirhat, being the respondent 3 nos. 2 and 5 respectively, to initiate an appropriate proceeding under the relevant statute for removal of encroachment and the entire exercise under the relevant statutes shall be completed by the concerned authorities as expeditiously as possible but positively within a period of four months from the receipt of a server copy of this order. (Hiranmay Bhattacharyya, J.)