Calcutta High Court (Appellete Side)
Sri Netai Chand Biswas vs The State Of West Bengal & Ors on 16 August, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side`
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
W.P.No. 8417 (W) of 2011
Sri Netai Chand Biswas
v.
The State of West Bengal & Ors.
Mr.Subhas Chandra Dutta
... for the petitioner.
Ms. Anjusri Mukherjee
... for the State.
Heard on: August 16,2011.
Judgment on: August 16,2011.
The Court: The petitioner in this art.226 petition is alleging inaction on the part
of the police in that the police have not removed a thing that, according to him, is an
encroachment.
The petitioner's allegations are that the private respondents wrongfully
encroached on a part of a highway, and that the encroachment has obstructed his free egress and ingress.
Counsel submits that steps for removal of the encroachment were to be taken in terms of s.10 of the West Bengal Highways Act, 1964. He does not dispute that for the purpose the petitioner was required to lodge a s.10 complaint with the competent authority, and that, admittedly, the petitioner has not lodged any such complaint.
No provision of the Act empowers the police to remove any encroachment such as the alleged one. It is another matter whether the petitioner could go to the Criminal Court under s.133 CrPC. Here the argument of counsel for the petitioner is that the petitioner wanted removal of the encroachment in terms of provisions of the West Bengal Highways Act, 1964.
Since no complaint was lodged under s.10 of the Act, I am unable to see how the petitioner can file this petition alleging inaction on the part of the s.10 authority. The allegation is absolutely baseless.
For these reasons, the petition is dismissed making it clear that nothing herein shall prevent the petitioner from filing an appropriate complaint under s.10 of the West 2 Bengal Highways Act, 1964 or from approaching the Criminal Court under s.`133 CrPC. It is hoped that if complaint is filed, then the s.10 authority will dispose of it as expeditiously as possible. No costs. Certified xerox.
sh ( Jayanta Kumar Biswas, J )