Arjel Hoque Mondal and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Arjel Hoque Mondal and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Assistant Engineer, PWD, Plassey Sub-Division, Nadia (3rd respondent) to take necessary steps in accordance with law, initiate appropriate proceedings for removal of encroachment if any encroachment is found, and pass an order to be communicated to the petitioners, the private respondents or any affected person as expeditiously as possible, positively within six weeks from receipt of a server copy of the order; no order as to costs.

Issue for consideration

Whether the competent PWD authority should act on the enquiry report relating to alleged encroachment, initiate appropriate proceedings for removal of encroachment if any encroachment is found, and communicate its decision to the petitioners, private respondents and affected persons.

Court's answer

WPA 19883 of 2025 stands disposed of by directing the Assistant Engineer, PWD, Plassey Sub-Division, Nadia (3rd respondent) to take necessary steps in accordance with law and to initiate appropriate proceedings for removal of encroachment, if any encroachment is found.

Ratio / Principle

The typographical error in the order dated January 13, 2026 (wherein the affidavit report was recorded as to be filed on January 19, 2025 instead of January 19, 2026) was rectified, and the rectified portion forms part of the order dated January 13, 2026.

Key takeaways

Leave granted to the learned advocate on record of the petitioners to correct the description of the Block Land and Land Reforms Officer, the 5th respondent.ratio¶12
The order to be passed is to be communicated to the petitioners, the private respondents or any person who may be affected by such order as expeditiously as possible, positively within six weeks from the date of receipt of a server copy of this order.ratio¶19

Detailed headnote1 paragraphs

Writ petition WPA 19883 of 2025 (Arjel Hoque Mondal & Anr. v. The State of West Bengal and others), disposed of on 19.01.2026 by Hiranmay Bhattacharyya, J. A typographical error in the Court's earlier order dated January 13, 2026 (affidavit-report date recorded as January 19, 2025 instead of January 19, 2026) was rectified, and leave was granted to correct the description of the Block Land and Land Reforms Officer as 5th respondent. Respondent no.5 (BL&LRO, Karimpur-II, Mahishbathan, Nadia) filed an affidavit report stating that, pursuant to the letter of the Assistant Engineer, PWD, Plassey Sub-Division, an enquiry was conducted and the enquiry report, with plan and other documents, has been forwarded to that office (earlier non-forwarding having been due to fault of the dealing assistant). The Court disposed of the writ petition by directing the Assistant Engineer, PWD, Plassey Sub-Division, Nadia (3rd respondent) to take necessary steps in accordance with law, initiate appropriate proceedings for removal of encroachment if any encroachment is found, and pass an order to be communicated to the petitioners, private respondents or affected persons as expeditiously as possible, positively within six weeks from receipt of a server copy of the order. No order as to costs.

Sl.14 19.01.2026 Court No.19 BP

WPA 19883 of 2025

Arjel Hoque Mondal & Anr.

-versus-

The State of West Bengal and others

Mr. Subhas Chandra Dutta ..for the petitioners

Mr. Debjit Mukherjee Ms. Priyanka Jana

..for the State

It has been pointed out by the learned advocate appearing for the petitioners that there is a typographical error in page 2 of the order dated January 13, 2026 wherein it was recorded that the report in the form of an affidavit to be filed on January 19, 2025 instead of January 19, 2026.

Let such error be rectified.

This portion of the order shall form part of the order dated January 13, 2026

On the prayer of the learned advocate appearing for the petitioners, leave is granted to the learned advocate on record of the petitioners to correct the description of the Block Land and Land Reforms Officer being the 5^th respondent in course of this day.

Mr. Mukherjee, learned advocate appearing for the State files the report in the form of an affidavit by the respondent no.5 i.e. the Block Land and Land Reforms Officer, Karimpur-II, Mahishbathan, Nadia. In the said

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report it has been stated that pursuant to the letter of Assistant Engineer, PWD, Plassey Sub-Division an enquiry has been conducted but the report was not forwarded to the office of the Assistant Engineer, PWD Plassey Sub-division due to fault on the part of the dealing assistant attached to the office of the concerned Block Land and Land Reforms Officer. The said report stated that the enquiry was conducted and the report of such enquiry along with the plan and other documents have been forwarded to the Assistant Engineer, PWD Plassey Sub-Division.

Mr. Mukherjee, learned advocate appearing for the State submits that the Assistant Engineer, PWD, Krishnanagar Sub-Division, Nadia being the 4^th respondent shall take necessary steps pursuant to the said report in accordance with law and communicate its decision to the petitioners and the private respondents within the time limit fixed by this Court.

In view thereof, WPA 19883 of 2025 stands disposed of by directing the Assistant Engineer, PWD, Plassey Sub-Division, Nadia being the 3^rd respondent to take necessary steps in accordance with law, initiate appropriate proceedings for removal of encroachment, if any encroachment is found and pass an order which shall be communicated to the petitioners and the private respondents or any person who may be affected by such order as expeditiously as possible but positively within a

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period of six weeks from the date of receipt of a server copy of this order.

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.)