Calcutta High Court (Appellete Side)
Udai Chand Hazra vs Sate Of West Bengal & Ors on 3 May, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
May 03,
2017
R.C. W.P.12458 (W) OF 2017
Udai Chand Hazra
Vs.
Sate of West Bengal & Ors.
Mr. Moloy Bhattacharya,
...for Petitioner
Mr.Sushvan Dasgupta
Mr.Manas Kumar Sadhu,
...for State
The petitioner complains that the
Public Works Department of the State has
encroached upon property belonging to
the petitioner without the due process of
law.
The learned advocate for the State
relies upon a written instruction dated
April 28, 2017 stating that the petitioner
was requested by the State to be present
at the locale. The petitioner was not
present. The measurement of the State
does not show that the State has
encroached upon any property belonging
to the petitioner.
It appears from the written
instruction that the petitioner had
undertaken a survey on its own. The
petitioner relies upon pages 23 and 24 of
the writ petition to substantiate that,
2
there is encroachment of the property
belonging of the petitioner.
In such circumstances, it would be
appropriate to request the respondent
no.5 to look into the claim made by the petitioner at pages 23 and 24 of the writ petition and submit a report as to whether the road sought to be constructed encroaches upon any property belonging to the petitioner or not.
List the writ petition on May, 12, 2017 when it is expected that the respondent no.5 submits its report in the form of an affidavit.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( DEBANGSU BASAK, J. )