Allowed

Snehungshu Das v. State of West Bengal and Ors.

Calcutta HC12 Dec 2023WPA/22558/2023

Case brief

AI extract

What is this about?

This writ petition dealt with unauthorized construction obstructing the petitioner's ingress. Noting that proceedings under the West Bengal Highways Act, 1964 were already initiated, the Court directed the authority to conclude the proceedings within two months after a hearing.

What did the court decide?

Direction to the 4th respondent to conclude the proceedings under Section 10 of the West Bengal Highways Act, 1964 within two months after a hearing.

Snehungshu Das Vs State of West Bengal and Ors. — Landlord and Tenant | Calcutta HC (2023)

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12.12.2023 rc/ct.no.10 Item No.526

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WPA No. 22558 of 2023 Snehungshu Das Versus The State of West Bengal & Ors.

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Mr. Subhrangsu Panda Mrs. Ina Bhattacharjee Mrs. Mithu Singha Mahapatra …for the petitioner

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Mr. Supratim Dhar Mr. Amrita Lal Chatterjee …for the State

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Affidavit of service filed by the petitioner and statement of facts filed by the State respondents are taken on record.

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None appears for the private respondents despite service.

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The petitioner claims to be recorded the owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD land adjoining his property, thereby obstructing his ingress and egress. The petitioner submitted several representations before the concerned authority in this regard and prays for a direction upon the concerned authority to consider the representations at the earliest.

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It is submitted on behalf of the State-respondents that pursuant to the representation submitted by the petitioner, demarcation of the plot in dispute has been

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made and upon detection of encroachment therein, proceedings under Section 10 of the West Bengal Highways Act, 1964 has been initiated.

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In view of the above, this Court is inclined to hold that since the proceeding under Section 10 of the West Bengal Highways Act, 1964 has already been initiated, the concerned authority being the 4^th respondent herein be directed to take the proceedings to its logical conclusion within two months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

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With the above observations and directions this writ petition is disposed of.

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There shall however be no order as to costs.

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Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

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Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

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(Suvra Ghosh,J)

Snehungshu Das v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Snehungshu Das v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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