Disposed¶29

Buddhya Ghosh and Ors. v. State of West Bengal and Ors.

Calcutta HC12 Aug 2025MAT/475/2025

Case brief

AI extract

What is this about?

Encroachment removal under West Bengal Highways Act, 1964; Section 10 rights; Section 10(3) statutory appeal to District Magistrate against eviction order; plea of non-service of notice and notice served on dead person; failure to establish right to occupy property; withdrawal of appeal refused consideration as appeal decided on merits; removal of encroachment fixed for August 19, 2025; separate writ petition pending before Single Judge; M.A.T. 475 of 2025; Buddhya Ghosh; Debangsu Basak; Prasenjit Biswas; disposed of.

What did the court decide?

No substantive relief to the appellants; the appeal was disposed of with the observation that the authorities will proceed to remove such encroachment as are found at the property concerned (date fixed: August 19, 2025). ¶29

Buddhya Ghosh and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

12.08.2025 S.D.

Ct. No. 26

M.A.T. 475 of 2025

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Buddhya Ghosh & Ors. Vs. The State of West Bengal & Ors.

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Mr. Mahendra Prasad Gupta

Ms. Moumita Dhar

Ms. Sweta Tiwari

…for the appellants

Mr. Dibyendu Chatterjee

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Mr. Pritam Majumdar

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Ms. Satabdi Das

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Mr. Mainak Singha Barma

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Ms. Sunanda Chatterjee

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…for the respondent no. 1

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Mr. Swapan Kumar Dutta, Ld. A.G.P., Mr. Rajat Dutta

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…for the State

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Appeal is taken up for consideration subsequent to the order dated July 25, 2025.

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Learned advocate appearing for the appellants submits that the appellants do not wish to proceed with the appeal any further. He submits that his clients enjoy rights under Section 10 of the West Bengal Highways Act, 1964. He submits that ultimately under Section 10(3) of the Act of 1964, his clients are entitled to prefer an appeal to the District

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Magistrate in the event the appellants suffer any order of eviction under the Act of 1964.

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Learned advocate appearing for the appellants submits that the appellants preferred a separate writ petition which is pending before the learned Single Judge.

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We decided on the merits of the appeal. Therefore, at this stage prayer of the appellants for leave to withdraw the appeal need not be considered. Be that as it may, since the appellants are making passionate plea with regard to non-service of notice under the Act of 1964 and service of notice on a dead person as also their statutory right under the Act of 1964, we requested the appellants to demonstrate their right to occupy the property in question. Our attention is not drawn to any document establishing any iota of right of any of the appellants to occupy the property in question.

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Learned senior advocate appearing for the West Bengal Highways Development Corporation submits that August 19, 2025 is the date fixed for removal of encroachment.

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