Sk Saidul and Ors. Vs Union of India and Ors.

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13.07.2026 Item No.3 Ct. No.19 KS

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W.P.A. 13105 of 2026

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Sk. Saidul & Ors.

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Vs.

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The Union of India & Ors.

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Ms. Santi Das Mr. N. K. Ray

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….. For the Petitioners Mr. Nilanjan Bhattacharjee, S.S.C. Ms. Joyita Dhar Chakraborty Mr. Joy Ranjan Dhar …..For the State Mr. Dipankar Das …..For the Respondent No.2 / N.H.A.I. Mr. Timir Baran Saha Mr. A. Bhattacharya Mr. S. Sarkar Mr. K. P. Santra

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…..For the Respondent No.5

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The writ petitioners, the respondent/National Highway authority, respondent/State and the private respondents are represented by their respective learned counsel.

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The subject-matter of the instant writ petition is the order dated 18.05.2026 as passed by the respondent no.4 authority whereby and whereunder, the said respondent no.4 authority passed an order for removal of unauthorized encroachment by the present writ petitioners both from Government land being, Plot No.1247 and Raiyati land being, Plot No.1250 in Mouza – Hatsultanpur under P.S. – Kharagpur Local, District – Paschim Medinipur.

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2

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At the time of hearing, Mr. Bhattacharya, learned senior counsel appearing on behalf of the respondent/State candidly submits before this Court that on the earlier occasion that on 16.06.2026, the Coordinate Bench directed the District Magistrate, Paschim Medinipur i.e. the respondent no.3 herein to file an affidavit as to why he delegated the matter, which is subject-matter of the instant writ petition to the Additional District Magistrate (Panchayat), Kharagpur, Paschim Medinipur.

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Mr. Bhattacharya, learned senior counsel submits before this Court that a week’s accommodation may be granted to the respondent/State to submit such report.

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At the time of hearing, learned counsel appearing on behalf of the writ petitioners strongly contended that pursuant to the order passed by a Co-ordinate Bench on 05.01.2026 in W.P.A. 27319 of 2025 , the respondent no.3 authority was directed to pass a reasoned order in connection with the representation of the present respondent no.5 wherein, an allegation has been made that the present writ petitioners have made encroachment upon the National Highway.

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Learned counsel appearing on behalf of the National Highway authority submits before this Court that

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under Section 26 of the Control of National Highways (Land & Traffic) Act, 2002 (for short, “Act of 2002”), the respondent no.3 authority is the appropriate authority to pass an order of removal of unauthorized occupation.

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Such being the position, this Court while disposing the instant writ petition, set aside the impugned order dated 18.05.2026 as passed by the respondent No.4 authority and send the matter on remand to the respondent no.3 authority to act in terms of the order dated 05.01.2026 as passed by a Coordinate Bench in W.P.A. 27319 of 2025 . The entire exercise as indicated in the order dated 05.01.2026 in W.P.A. 27319 of 2025 is to be carried out by the respondent no.3 authority himself positively within 30 working days from the date of communication of this order.

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The time limit, as fixed by this Court, is peremptory and mandatory.

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It is, however, needless to mention that the respondent no.3 authority prior to passing of a reasoned order shall give due opportunity of hearing both the writ petitioners and the private respondent herein and forthwith communicate the copy of the said reasoned order to the present writ petitioners and the private respondent herein.

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It is further directed that in the event while passing the reasoned order, the respondent no.3 authority finds sufficient merit in the representation of the writ petitioners in W.P.A. 27319 of 2025, who is the private respondent no.5 herein, he is directed to take all consequential action forthwith.

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Liberty is given to the learned counsel on record for the private respondent no.5 herein to communicate the server copy of this order to the respondent no.3 authority and the respondent no.3 authority is directed to act on the serer copy of this order.

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With the aforementioned observation, writ petition is disposed of.

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Before parting with, it is, however, made clear that this Court while disposing the instant writ petition has not gone into the merits of the instant writ petition and thus, all points are kept open for adjudication by the respondent no.3 himself.

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Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

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(PARTHA SARATHI SEN, J.)

Sk Saidul and Ors. v. Union of India and Ors.

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Sk Saidul and Ors. v. Union of India and Ors.

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