Calcutta High Court (Appellete Side)
Nirmalendu Ghosh And Ors vs The State Of West Bengal & Ors on 15 December, 2017
Author: Mir Dara Sheko
Bench: Mir Dara Sheko
1
15.12.2017
1233/skp.
W.P. 25079 (W) of 2015
Nirmalendu Ghosh and Ors.
Vs.
The State of West Bengal & Ors.
Mr. Anil Kumar Jana,
Ms. Joyee Maiti .... For the petitioners.
Pursuant to the order dated 5th September, 2017, the respondent no. 3 was asked to
submit report. The writ petition, however, has been filed at the instance of the writ petitioners, namely, Nirmalendu Ghosh and Ors. with the allegation that the private respondents allegedly raised construction by encroaching upon some portion of land belonging to State Highway for which of course, the writ petitioners have been also facing inconvenience since egress and ingress of the writ petitioners to their own house are said to have been obstructed.
Learned Counsel for the writ petitioners, however, handed over one copy of letter issued by the Assistant Engineer, Kakdwip Highway Sub-Division, P.W. (Roads) Directorate addressed to Manas Das-Respondent No.8 of this writ petition copy to the concerned Executive Engineer and other officers requesting said Manas Das to remove the encroachment and restore the Highway to its original condition within seven days as mentioned in the aforesaid notice.
Let the copy of the said notice be kept on record.
Learned Counsel for the writ petitioners apprised the Court that similar notice also was served upon the other private respondents with the same context.
It is needless to mention that the writ court may interfere to redress the grievance if there is any violation of fundamental or statutory rights available to its citizen and it is violated by any such statutory authority. The nature of the dispute as it is set out is purely private in nature since the private respondents allegedly by raising illegal constructions and illegally obstructing the egress and ingress to the house of the writ petitioners. If the same is the fact in reality then the redress of the writ petitioners may not lie within the ambit of writ court to elsewhere. That apart as it appears from the notice no reference that the Highway authority has already taken certain steps by issuing the notice, therefore, no further order need be recorded to answer the writ petitioners.
The writ petition accordingly, stands disposed of.
(Mir Dara Sheko, J.) 2