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Calcutta High Court (Appellete Side)

(Pradyut Kumar Sinha Roy vs The State Of West Bengal on 11 August, 2015

Author: Dipankar Datta

Bench: Dipankar Datta

                                 1


   33
11.08.2015
   rrc
                              W. P. 17168 (W) of 2015
                (Pradyut Kumar Sinha Roy Vs. The State of West Bengal
                                      & Ors.)


                 Mr. Dipankar Pal
                 Mr. Keshab Chandra Das
                                                .....For the petitioner

                 Mr. Kamalesh Bhattacharya
                 Ms. Bratati Roy Chowdhury
                                         ......For the State


                 The petitioner is aggrieved because despite complaining

             of encroachment of public land by the private respondents

thereby hindering ingress to and egress from the petitioner's plot of land, no action has been taken. None appears for the private respondents despite service. Affidavit-of-service filed in Court today shall be retained with the records.

Having heard Mr. Pal and Mr. Bhattacharya, learned advocates for the petitioner and the State respectively, I dispose of this writ petition with a direction upon the Executive Engineer, respondent 3, to look into the representation lodged by the petitioner, at page-15 of the writ petition, as early as possible but not later than 6 (six) weeks from the date of receipt of a copy of this order together with a copy of the writ petition. 2 In the event the respondent 3 forms an opinion that there has been an encroachment of public land, he shall proceed to take appropriate action in terms of the provisions contained in the West Bengal Highways Act, 1964. On the contrary, if the petitioner's allegation is found to be untrue, he shall be informed of the same. There shall, however, be no order for costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.

( Dipankar Datta, J. )