Sk. Jobir Hosain Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Sk. Jobir Hosain Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondent No. 14 (Block Land and Land Reforms Officer, Budge Budge – II, South 24 Parganas) to demarcate the plot in dispute upon notice to all concerned and report to respondent No. 15 (Assistant Engineer, PWD) within one month; if encroachment on the PWD road is found, respondent No. 15 to initiate and conclude proceedings under Section 10 of the West Bengal Highways Act, 1964 within two months of receipt of the demarcation report, after hearing interested persons; no order as to costs; allegations deemed not admitted since no affidavit invited.

Issue for consideration

Whether, the demarcation of the plot in dispute remaining unheld despite the Assistant Engineer, PWD's direction dated 29.08.2022, the Block Land and Land Reforms Officer should be directed to demarcate the plot upon notice to all concerned and report to the Assistant Engineer, PWD. +1 more

Court's answer

Since the demarcation of the plot in dispute is yet to be held in terms of the Assistant Engineer, PWD's direction, the Block Land and Land Reforms Officer, Budge Budge – II, South 24 Parganas (respondent No. 14) is directed to demarcate the plot in dispute upon service of notice upon all concerned, including the petitioner and the private respondents, and submit a report to the Assistant Engineer, PWD (respondent No. 15) within one month.

Ratio / Principle

If it is found that the PWD road or any portion thereof is encroached upon, the Assistant Engineer, PWD (respondent No. 15) shall initiate proceedings under Section 10 of the West Bengal Highways Act, 1964 and take the proceedings to their logical conclusion within two months from receipt of the demarcation report, after affording reasonable opportunity of hearing to all interested persons, in accordance with law.

Detailed headnote1 paragraphs

Writ petition (W.P.A. 17435 of 2023, Sk. Jobir Hosain vs. State of West Bengal & Ors.), decided 05.01.2024 by Suvra Ghosh, J., disposed of with directions for enforcement of earlier orders. In W.P.A. 6149 of 2022 the petitioner had alleged that private respondents fenced off a portion of the P.W.D. road adjoining his plot; by order dated 15.07.2022 the Court directed consideration of a comprehensive representation, pursuant to which the Assistant Engineer, PWD, South 24 Parganas heard the parties on 29.08.2022 and directed the Block Land and Land Reforms Officer to demarcate the plot within 15 days, but demarcation was not held. Holding that the demarcation remained to be carried out, the Court directed respondent No. 14 (Block Land and Land Reforms Officer, Budge Budge – II) to demarcate the plot in dispute upon service of notice on all concerned, including the petitioner and private respondents, and submit a report to respondent No. 15 (Assistant Engineer, PWD) within one month; if the PWD road or any portion thereof is found encroached, respondent No. 15 was directed to initiate proceedings under Section 10 of the West Bengal Highways Act, 1964 and conclude them within two months of receipt of the demarcation report, after affording hearing to interested persons. No order as to costs.

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jdt.

05.01.2024 jb.

W.P.A. 17435 of 2023 (Sk. Jobir Hosain vs. State of West Bengal & Ors.)

Mr. Aniruddha Singh Mr. Aminuddin Khan Ms. Gulsanwara Parin …. For the petitioner Mr. Supratim Dhar Mr. Subrata Bhattacharjee …. For the State Md. Sarwar Jahan Maidul Islam Kayal Mr. Sumit Naskar …. For the Respondent No. 6

Affidavit of service filed on behalf of the petitioner is taken on record.

On prayer of the petitioner liberty is granted to implead the Block Land and Land Reforms Officer, Budge Budge-II, South 24 Parganas as respondent No. 14 and the Assistant Engineer, PWD, South 24 Parganas as respondent No. 15 in the writ petition. Cause title of the writ petition be amended accordingly.

In an earlier writ petition being W.P.A.6149 of 2022 the writ petitioner alleged that the private respondents raised a fence on a portion of the P.W.D. road adjoining his plot, thereby obstructing his egress and ingress. By an order passed on 15^th July, 2022, this Court granted liberty to the petitioner to submit a comprehensive representation before the authority and further directed the authority to consider and dispose of the representation within one month from the date of receipt thereof after affording reasonable opportunity of

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hearing to all concerned including the petitioner and the private respondents.

Learned counsel for the petitioner submits that pursuant to the said order, hearing was conducted by the Assistant Engineer, PWD, South 24 Parganas on 29^th August, 2022 who directed the Block Land and Land Reforms Officer to demarcate the plot in dispute within 15 days from the date of the order. Learned counsel submits that demarcation has not been held till date.

Learned counsel for the State respondents submits that the order dated 29^th August, 2022 was communicated to the Block Land and Land Reforms Officer vide Memo No. 691 dated 9^th August, 2023.

Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the demarcation of the plot in dispute is yet to be held in terms of the direction of the Assistant Engineer, PWD, the Block Land and Land Reforms Officer, Budge Budge – II, South 24 Parganas being the 14^th respondent herein be directed to demarcate the plot in dispute upon service of notice upon all concerned including the petitioner and the private respondents and submit a report to that effect before the Assistant Engineer, PWD, being the 15^th respondent herein within one month from this date.

In the event it is found that the PWD road or any portion thereof is encroached upon, the 15^th respondent shall initiate proceeding under Section 10 of the West Bengal Highways Act, 1964 and take the proceeding to its logical conclusion within two months from the date of receipt of the demarcation report upon

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affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in

the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be

given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)