29.11.2024
Item No. 40
Crt.No.02
b.r. WPA 27447 of 2024
Tuli Gol Das
-vs-
The State of West Bengal & Ors.
Mr. Kamal Mishra
Mr. Pratap Sanfui
Ms. Paushali Das
…. For the petitioner.
Mr. Jayanta Samanta
Ms. Indrani Banerjee
…. For the State-Resp. nos. 1 to 7.
Affidavit of service filed in Court today, is
taken on record.
Mr. Kamal Mishra, learned advocate appears
for the petitioner.
Mr. Jayanta Samanta, learned State advocate
appears for the respondent nos. 1 to 7.
None appears for the private respondent nos.
7 and 8.
The petitioner complains of an alleged
encroachment and unauthorized construction on
the PWD land at the behest of the private
respondents. The petitioner submitted a
representation dated September 3, 2024,
annexure p-3 at page-34 to the writ petition, but
the same has not yet been dealt with.
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In view of the above, the jurisdictional Block
Land and Land Reforms Officer (B.L. & L.R.O) upon
prior notice to the petitioner and the private
respondents shall cause a physical inspection of
the alleged encroachment and construction and
shall submit his report before the petitioner, private
respondents and the jurisdictional Assistant
Engineer, PWD.
This exercise shall be carried out and
completed by the jurisdictional B.L. & L.R.O.
positively within a period of four weeks from the
date of communication of this order.
In the event such report confirms the alleged
encroachment and construction on the PWD land
then the Jurisdictional Assistant Engineer, PWD
after issuing a prior hearing notice of at least seven
days to the petitioner and the private respondents
and after giving them an opportunity of hearing
shall decide the said representation dated
September 3, 2024, as referred to above by
passing a reasoned order in accordance with law.
The entire exercise shall be carried out and
completed by the jurisdictional Assistant Engineer,
PWD positively within a period of six weeks from
the date of receiving report from the jurisdictional
B.L. & L.R.O. The reasoned order shall be
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communicated to the petitioner and the private
respondents positively within a period of two
weeks from the date of the said reasoned order to
be passed.
It is made clear that this Court has not gone
into the merits of the case of the petitioner or the
private respondents and they shall be at liberty to
urge whatever points they wish to urge by relying
upon whatever records and documents they wish to
rely upon before the jurisdictional Assistant
Engineer, PWD.
In the event, the reasoned order confirms the
alleged unauthorized construction and
encroachment, the jurisdictional Assistant
Engineer, PWD shall communicate the order to the
jurisdictional Sub-Divisional Officer positively
within a period of three weeks from the date of the
said reasoned order to be passed, who shall take all
necessary and consequential steps to give an
immediate effect to the said reasoned order in
accordance with law, positively within four weeks
from the date of receiving the reasoned order from
the Assistant Engineer, PWD.
This order shall not create any right or equity
in favour of the petitioner and in favour of the
private respondents, if they do not succeed to their
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respective claims before the jurisdictional Assistant
Engineer, PWD strictly in accordance with law.
Since affidavits are not called for, the
allegations made in this writ petition are deemed
not to have been admitted by the respondents.
With the above observations and directions,
this writ petition, WPA 27447 of 2024 stands
disposed of, without any order as to costs.
Photostat certified copy of this order, if
applied for, be furnished expeditiously.
(Aniruddha Roy, J.)