Pradip Kumar Maity & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 5956 Cal

30-11-2021
 ct no. 13
 Sl.45
  sp


                        WPA 1240 of 2021
                    Pradip Kumar Maity & Ors.
                               Versus
                  The State of West Bengal & Ors.

                          (Via Video Conference)

             Mr. Debasish Das
                                             ...for the petitioners

             Sk. Md. Galib,
             Ms. Sujata Ghosh
                                                   ...for the State

             Mr. Susovan Sengupta,
             Mr. Srikanta Paul
                                 ...for the State/respondents

The petitioners complain that the private

respondents have encroached upon a land in front

of the petitioners' land which is plot no. 1 within

Mouza - Rason, J.L. No. - 128, P.S.- Egra, District

Purba Medinipur.

The private respondents are stated to have

made encroachment on plot no. 3 of the same

address. The said land is stated to be that of the

PWD.

The petitioner has addressed a

representation dated March 11, 2020 to the

Executive Engineer, Tamluk Highway Division,

PWD, Assistant Engineer, Contai Highway Sub-

Division, PWD and Sub-Assistant Engineer, Egra

Highway Section, PWD, Purba Medinipur, which

remains unconsidered till date.

In that view of the matter, the Executive

Engineer being respondent no.5 shall cause an

enquiry into the allegations of the petitioners

against the private respondents and ascertain as

to whether the same is Plot no.3 is PWD's land or

not.

Needless to mention if the land is, in fact,

found to be PWD's immediate and appropriate

steps be taken by the Executive Engineer under

the provisions of West Bengal Highways Act, 1964.

It is expected that the aforesaid exercise

shall be completed at the office of the Tamluk

Highway Division, mandatorily and positively

within a period of one month from the date of

communication of a copy of this order.

With the aforesaid observations, the writ

petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)