Shuvrajyati Halder & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 3628 Cal

  08     25.05.2023
AGM/NB      Ct. 07                                WPA 12333 of 2023


                                               Shuvrajyati Halder & Ors.
                                                        Vs.
                                           The State of West Bengal & Ors.


                                      Mr. Nilanjan Adhikari,
                                      Mr. Ravi Kumar Dubey.
                                                  ...for the petitioners.

                                      Mr. Jayanta Samanta,
                                      Ms. Karunamoyee Samanta.
                                                  ...for the respondent nos.12 to 18.

The petitioners are shop owners. Their shops are lying

adjacent to a panchayat road, according to the petitioners.

By virtue of the judgment in MAT 432 of 2023 dated

14th March 2023, the division Bench of this Court granted liberty

to the writ petitioners/appellants to appear before the Executive

Magistrate on 22nd March, 2023. The Executive Magistrate was

directed to appreciate the case of each of the writ petitioners and

considered their case individually and after giving an opportunity

of being heard disposed of the case pursuant to the notice under

Section 10(1) read with Section 10(3) of the West Bengal

Highways Act.

Grievance of the petitioners is that on the basis of the

above order, a hearing was made on 22 nd March, 2023, but no

final order was passed by the Executive Magistrate. The next

date of hearing was fixed on 22 nd May, 2023. However, in the

meantime, the men and agents of the said Highway Authorities

are taken measurement of the shops of the petitioners for

demolition. Apprehending demolition, the petitioners have

approached this Court invoking writ petition.

It is submitted by the learned advocate for the private

respondents that the respondents filed a Public Interest Litigation

for clearing of the road by effecting unauthorised occupiers and

to ensure passing of water.

Since the said respondents are not present, I am not in

a position to pass a final order. The instant writ petition is

admitted.

The respondents are at liberty to file affidavit in

opposition within two weeks after summer vacation.

Affidavit in reply, if there by any, within one week

thereafter.

Matter to appear in the list four weeks after summer

vacation.

In the meantime, the respondent authorities are

restrained from carrying on any demolition work of the shops

belonging to the petitioners.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on usual undertakings.

(Bibek Chaudhuri, J.)