Sk. Mujibar Rahaman Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Sk. Mujibar Rahaman Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the 5th respondent (Assistant Engineer, Public Works (Road) Directorate, Panskura Highway Division, Purba Medinipur) to consider the petitioner's application dated 16.12.2024, dispose of it by a reasoned order after affording hearing to the petitioner and other affected/interested persons or their authorized representatives, and communicate the decision on or before March 27, 2026; no order as to costs.

Issue for consideration

Whether the competent Public Works authority would consider and decide the petitioner's application dated 16.12.2024 (Section 8, West Bengal Highways Act, 1964) seeking permission to use PWD land, on which no decision had been communicated to the petitioner.

Court's answer

WPA 12952 of 2025 is disposed of without entering into the merits by directing the Assistant Engineer, Public Works (Road) Directorate, Panskura Highway Division, Purba Medinipur (5th respondent) to consider the petitioner's representation dated 16th December, 2024 and to dispose of it by passing a reasoned order after affording an opportunity of hearing to the petitioner and any other interested person who may be affected by such decision or their authorized representative.

Ratio / Principle

The decision is to be communicated to the petitioner and other interested parties as expeditiously as possible but positively on or before March 27, 2026.

Detailed headnote1 paragraphs

Writ petition (WPA 12952 of 2025, decided 02.03.2026, Hiranmay Bhattacharyya, J.) disposed of without entering into merits. The petitioner, claiming ownership of Plot No. 385, Mouza Dakshin Gopalpur, Panskura, Purba Medinipur, had sought permission under Section 8 of the West Bengal Highways Act, 1964 to use adjoining PWD land at L.R. Plot Nos. 382 and 384 (application dated 16.12.2024); despite receipt by the Assistant Engineer, Panskura Highway Sub-Division on 18.12.2024, no decision was communicated. The 5th respondent, Assistant Engineer, Public Works (Road) Directorate, Panskura Highway Division, is directed to consider the representation and dispose of it by a reasoned order after affording hearing to the petitioner and any other interested/affected person or their authorized representative, communicating the decision positively on or before March 27, 2026. No order as to costs.

A. 13 02.03.2026 Court No.19 BP

WPA 12952 of 2025

Sk. Mujibar Rahaman -versus-

The State of West Bengal and others

Mr. Robiul Islam Mr. Masooq Rahman ..for the petitioner Mr. Ayan Banerjee Mr. Ajeyo Chowdhury ..for the State

Affidavit of service filed in Court today is taken on

record.

As prayed for by the learned advocate for the petitioner, leave is granted to amend the cause title of the writ petition.

The petitioner claims to be the owner of Plot No. 385, J.L. No. 84 measuring about 19 decimals within Mouza Dakshin Gopalpur in the District of Purba Medinipur. The petitioner states that the petitioner is in occupation of the said plot of land by constructing a building including shop rooms. The petitioner states that there is a road side vacant land belonging to the PWD at Plot Nos. 382 and 384. The petitioner submitted an application dated 16^th December, 2024 under Section 8 of the West Bengal Highways Act, 1964 seeking permission to use the PWD land at L.R. Plot Nos. 382 and 384 in front of Plot No. 385 within Mouza Dakshin Gopalpur under Police Station Panskura in the District of Purba Medinipur.

2

The learned advocate appearing for the petitioner submits that such application was received by the office of the Assistant Engineer, Panskura Highway SubDivision, Public Works (Roads) Directorate on 18^th December, 2024 and in spite of receipt of such representation no decision on such representation has been communicated to the petitioner till date.

Without entering into the merits of the claim made by the petitioner in the representation dated 18^th December, 2024, WPA 12952 of 2025 stands disposed of by directing the Assistant Engineer, Public Works (Road) Directorate, Panskura Highway Division, Purba Medinipur being the 5^th respondent to consider the representation of the petitioner dated 16^th December, 2024 and to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner and any other interested person who may be affected by such decision or their authorized representative and communicate the decision to the petitioner and other interested parties as expeditiously as possible but positively on or before March 27, 2026.

There shall be however no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)