Shripati Maiti Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Shripati Maiti Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 4, the Assistant Engineer, PWD Road, Public Works Department, Kakdwip, to consider the petitioner's representation dated September 11, 2025 and, after making necessary enquiries and demarcation, if any encroachment is found upon the PWD road, to take necessary steps in accordance with law, completing the entire exercise positively within six weeks from receipt of a server copy of the order together with a copy of the representation.

Issue for consideration

Whether, upon an allegation of encroachment upon the PWD road, it is the duty of the respondent authorities to take steps in accordance with law if any encroachment is found. +1 more

Court's answer

Upon an allegation of encroachment upon the PWD road, it is the duty of the respondent authorities to take steps in accordance with law if any encroachment upon the PWD road is found.

Ratio / Principle

Without entering into the merits of the petitioner's claim in the representation, the writ petition stands disposed of by directing respondent no. 4, the Assistant Engineer, PWD Road, Public Works Department, Kakdwip, to consider the representation dated September 11, 2025 and, after making necessary enquiries and demarcation, to take necessary steps in accordance with law if encroachment is found upon the PWD road, the entire exercise to be completed positively within six weeks from receipt of a server copy of the order together with a copy of the representation.

Detailed headnote1 paragraphs

Encroachment on PWD road — writ petition disposed of with direction to consider representation. The petitioner, claiming to be owner of a plot of land (LR Dag No. 2865, JL No. 14, Mouza Fuldubi, P.S. Sagar, South 24 Parganas) adjacent to a PWD road, alleged that the private respondents had encroached upon the PWD road obstructing his ingress and egress, and that no action was taken on his representation dated September 11, 2025 to the authorities, including the Assistant Engineer, PWD Road, Public Works Department, Kakdwip. Held: upon an allegation of encroachment on a PWD road, it is the duty of the respondent authorities to take steps in accordance with law if any encroachment is found. Without entering into the merits of the claim, the writ petition was disposed of by directing respondent no. 4 to consider the representation, make necessary enquiries and demarcation, and if encroachment is found upon the PWD road, take necessary steps in accordance with law, completing the entire exercise positively within six weeks of receipt of a server copy of the order together with a copy of the representation.

Court No. 19

WPA 29529 of 2025

(265719)

16.01.2026

(AD 4)

Shripati Maiti

Vs.

The State of West Bengal & Ors.

(S. Banerjee)

Mr. Supriyo Shasmal Mr. B. Mondal Mr. S. Das

…for the petitioner

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal

…for the State

Affidavit of service filed in Court today, is taken on record.

Learned advocate appearing for the petitioner submits that the private-respondents have been duly served.

In spite of service none appears for the privaterespondents.

The petitioner claims to be the owner of a plot of land being LR Dag No. 2865, JL NO. 14, within Mouza – Fuldubi, Police Station – Sagar in the district of South 24 Parganas. The petitioner states that there is a PWD road adjacent to the aforesaid property of the petitioner. The petitioner alleges that the privaterespondents have made construction by encroaching

2

upon the PWD road thereby obstructing the ingress and egress of the petitioner from the property of the petitioner to the PWD road. The petitioner submitted a representation before various authorities including the Assistant Engineer, PWD Road, Public Works Department, Kakdwip praying for removal of encroachment upon the PWD road. Learned advocate appearing for the petitioner submits that in spite of receipt of such representation, no steps have been taken by the respondent authorities to remove the encroachment.

Mr. Bandyopadhyay, learned Senior

Government Advocate, appearing for the State submits that necessary steps in accordance with law shall be taken if any encroachment upon the PWD road is found within the time limit that may be fixed by this Court.

Since an allegation of the encroachment upon the PWD road has been made, it is the duty of the respondent authorities to take steps in accordance with law if any encroachment upon the PWD road is found.

Without entering into the merits of the claim made by the petitioner in the said representation, this writ petition stands disposed of by directing the Assistant Engineer, PWD Road, Public Works

3

Department, Kakdwip, being the respondent no. 4 herein, to consider the representation of the petitioner dated September 11, 2025 and after making necessary enquiries and demarcation if any encroachment is found upon the PWD road, necessary steps in accordance with law shall be taken and the entire exercise shall be completed as expeditiously as possible but positively within a period of six weeks from the date of receipt of receipt of a server copy of this order together with a copy of the representation dated September 11, 2025.

(Hiranmay Bhattacharyya, J.)