Hasan Mallik Vs State of West Bengal and Ors.

2. By filing the instant writ petition the writ petitioner has prayed for appropriate writ/writs against the respondent authorities, more specifically against the Respondent No.5 authority commanding him to take appropriate steps for removal of the illegal encroachment as made by the Private Respondent Nos.11 to 13 over the P.W.D. land in front of the writ petitioner’s land, particulars of which have been mentioned in paragraph-5 of the instant writ petition.

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3. At the time of hearing, learned advocate appearing on behalf of the writ petitioner, submits before this Court that it is the specific case of the writ petitioner that private respondents have encroached a portion of the P.W.D. land in such a fashion by the side of the writ petitioner’s aforementioned land, as a result whereof, the writ petitioner is facing extreme difficulty in getting access to his property, particulars of which have been mentioned in paragraph-5 of the instant writ petition. It is further submitted that despite submission of repeated representation with the respondent authorities, no action has been taken by the respondent authorities.

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4. It is, thus, submitted on behalf of the writ petitioner that it is a fit case for granting reliefs to the writ petitioner in accordance with law.

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5. Mr. Bhattacharjee, learned senior standing counsel, appearing for the Respondent-State and duly assisted by Ms. Dhar Chakraborty, learned Jr. Govt. Advocate, in their usual fairness submits that the Respondent No.5 authority may be directed to consider the representation of the writ petitioner in accordance with law.

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6. Learned advocate appearing on behalf of the private respondents, however, opposes such contention and submits that no part of the P.W.D. land has been

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encroached by the private respondents as wrongly alleged.

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7. On careful perusal of the entire materials as placed before this Court and after hearing the contending parties, this Court while disposing the instant writ petition directs the Respondent No.7 authority to make a field verification at the disputed plot after giving prior notice to both the writ petitioner and the Private Respondent Nos.11 to 13 and shall submit a demarcation report with the Respondent No.5 authority positively within 30 working days from the date of communication of the server copy of this order.

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8. Respondent No.5 authority on receipt of the said demarcation report from the Respondent No.7 authority shall cause service upon the writ petitioner and the Private Respondent Nos.11 to 13 and shall provide copies of the demarcation report as would be submitted by Respondent No.7 authority soon thereafter to the writ petitioner and Private Respondents.

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9. It is further directed that the Respondent No.5 authority shall thereafter consider the representation dated 31.08.2021 as submitted by the writ petitioner (a copy of which is annexed at Page Nos.40-41 of the instant writ petition) in accordance with law and in the light of the

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demarcation report as would be submitted by the Respondent No.7 authority and after giving due opportunity of hearing both to the writ petitioner and Private Respondent Nos.11 to 13 shall pass a reasoned order and shall forthwith communicate the same both to the writ petitioner and Private Respondent Nos.11 to 13.

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10. The entire exercise as indicated in the foregoing paragraphs shall have to be completed by Respondent No.5 authority positively within 45 working days from the date of receipt of the demarcation report from the Respondent No.7 authority.

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11. The time limits, as fixed by this Court, are peremptory and mandatory.

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12. Liberty is given to the learned advocate-on-record for the writ petitioner to communicate the server copy of this order along with a copy of the Representation dated 31.08.2021 to the Respondent Nos.5 and 7 authorities, who are directed to act on the basis of the server copy of this order.

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13. Before parting with, it is further directed that in the event while passing the reasoned order, the Respondent No.5 authority finds sufficient merit in the Representation of the writ petitioner as mentioned supra, he is directed to take all

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consequential action forthwith in accordance with law soon thereafter.

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14. With the aforementioned observations and directions, the instant writ petition is disposed of .

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15. Before parting with, it is, however, made clear that while disposing of the instant petition this Court has not gone into the merits of the representation of the writ petitioner dated 31.08.2021 and thus, all points are kept open for adjudication before the Respondent No.5 authority.

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16. Since affidavits have not been called for, the pleadings as made in the instant writ petition are deemed to have been denied.

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17. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

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(PARTHA SARATHI SEN, J.)

Hasan Mallik v. State of West Bengal and Ors.

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Hasan Mallik v. State of West Bengal and Ors.

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