Calcutta High Court (Appellete Side)
(Uttam Maity & Ors vs The State Of West Bengal & Ors.) on 13 August, 2013
Author: Soumitra Pal
Bench: Soumitra Pal
1
3.8.2013
l.no. 53
WP 24029(W) of 2013
(Uttam Maity & Ors. -vs- The State of West Bengal & Ors.)
Ms. Rina Banerjee ...for the petitioners
Mr. Asim Kumar Ganguly
Mr. Bellal Shaikh ...for the State
Mr. Soumen Kumar Dutta ...for the respondent no.5
Affidavit of service filed today be kept on record.
In the writ petition, the petitioners have challenged the notice dated 8th July, 2013 issued by the Assistant Engineer, Public Works Directorate, Contai Sub-Division, Purba Medinipur, the respondent no.2 directing some of the petitioners to appear before him for hearing on 22nd July, 2013 with all deeds, documents relating to their shop room situated on the plot of land concerned. Incidentally, the said notice was issued pursuant to the directions contained in the order dated 12th June, 2012 passed in WP 11455(W) of 2012 (Tarun Kumar Manna -vs- State of West Bengal & Ors.), whereby the said respondent no.2 was directed to grant opportunity of hearing to the parties and if upon hearing it appeared to the said respondent that any portion of the land belonging to the Public Works Department has been encroached, steps should be taken in accordance with law for removal of such encroachment and if there was no encroachment, the petitioners should be informed accordingly. 2 It is submitted on behalf of the respondents that the respondent no.2 had taken steps pursuant to the order passed on 12th June, 2012.
Heard learned advocates for the parties. The case of the petitioners, as it appears from the writ petition, is that as they have been enjoying the land and licences have been issued by the Prodhan of Dhobaberia Gram Panchayat and electricity connections have been provided, which shows that they are the lawful occupants of the land, the impugned notice is arbitrary and illegal. In my view, whether there has been encroachment or not, cannot be adjudicated in writ jurisdiction and can only be done by a competent authority as has been done by the respondent no.2 pursuant to the order of the High Court. Therefore, no order is passed on the writ petition. The writ petition is dismissed.
No order as to costs.
(Soumitra Pal, J)