Calcutta High Court (Appellete Side)
Ananda Kumar Ghosh vs The State Of West Bengal & Ors on 14 September, 2021
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
14.09.2021.
Item No. 855.
Court No.13
ap W.P.A. No. 13807 of 2021
(Through Video Conference)
Ananda Kumar Ghosh
Versus
The State of West Bengal & Ors.
Mr. Shamim Ahammed,
Mr. Arka Maiti,
Ms. S. Bhattacharya.
..For the petitioner.
Mr. Santanu Maitra,
Mr. Kapil Guha.
...For the State.
The Officer-in-charge, Basirhat Police Station is
directed to be added as party respondent to the instant
writ petition. Let a copy of this order along with the instant writ petition be served on the Officer-in-charge, Basirhat Police Station forthwith.
The amendment to the cause title shall be effected by the Advocate-on-record of the petitioner in course of the day.
It is submitted on behalf of the petitioner that the private respondent nos.4 to 11 have encroached upon a public road and have effected construction thereat. The road comes under the Basirhat Highway Sub-Division, PWD, under The West Bengal Highways Act, 1964.
It is submitted that by reason of such illegal construction, free ingress and egress to the petitioner's property has been adversely affected. 2 Mr. Maitra, Counsel for the State submits that pursuant to the petitioner's complaint, the Assistant Engineer, Basirhat Highway Sub-Division has personally visited the said area and has also sought a report from the local Block Land & Land Reforms Officer. There are temporary bamboo structures have been found thereat.
In that view of the matter, since a report has been sought from the local Block Land & Land Reforms Officer, the Assistant Engineer being the respondent no.3 herein shall submit a report before this Court on 1st October, 2021 when the matter shall be listed in the first eleven matters.
It is submitted that the said private respondents are extremely influential people and the writ petitioner apprehends threat to his life, limb and person.
The Officer-in-charge, Basirhat Police Station shall ensure due vigil is kept in and around the said area and in the event of any request from the writ petitioner, due and sufficient protection shall be provided to him.
List the matter on 1st October, 2021. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.) 3