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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the Assistant Engineer, Public Works Department, Berhampore Sub-Division-II, Murshidabad (fifth respondent) to consider the petitioner's application dated 20 January 2026 under Section 8 of the West Bengal Highways Act, 1964 and pass a reasoned order within eight weeks of receipt of a server copy of the order with a copy of the representation; opportunity of hearing to be afforded before any adverse decision. No order as to costs.

Issue for consideration

Whether the respondent authorities should be directed to consider and dispose of the petitioner's pending application dated 20 January 2026 under Section 8 of the West Bengal Highways Act, 1964 (seeking permission to use PWD land at L.R. Plot No. 1335, Mouza Juginda, P.S. Domkal, District Murshidabad), within a time-bound period and by a reasoned order.

Court's answer

WPA 4899 of 2026 was disposed of by directing the Assistant Engineer, Public Works Department, Berhampore Sub-Division-II, Murshidabad (fifth respondent) to consider the petitioner's application dated 20 January 2026 under Section 8 of the West Bengal Highways Act, 1964 and to dispose of it by a reasoned order as expeditiously as possible, positively within eight weeks from receipt of a server copy of the order along with a copy of the representation dated 20 January 2026.

Ratio / Principle

If any adverse decision is contemplated on the petitioner's application, the fifth respondent must afford an opportunity of hearing to the petitioner or his authorized representative before passing the reasoned order within the stipulated period of eight weeks.

Detailed headnote1 paragraphs

Writ petition (WPA 4899 of 2026) disposed of by directing the Assistant Engineer, Public Works Department, Berhampore Sub-Division-II, Murshidabad (fifth respondent) to consider the petitioner's application dated 20 January 2026 under Section 8 of the West Bengal Highways Act, 1964 — seeking permission to use PWD land at L.R. Plot No. 1335 in front of Plot No. 4014, Mouza Juginda, Police Station Domkal, District Murshidabad — and to dispose of the same by a reasoned order as expeditiously as possible, positively within eight weeks of receipt of a server copy of the order along with a copy of the representation dated 20 January 2026. Before any adverse decision on the application, an opportunity of hearing is to be afforded to the petitioner or his authorized representative. No order as to costs. (Hiranmay Bhattacharyya, J.)

Sl. 23 11.03.2026 Court No.19 BP

WPA 4899 of 2026

Mojrem Mandal -versusThe State of West Bengal and others

Mr. Robiul Islam Mr. Masooq Rahman Mr. Kazi Ardan Ali ..for the petitioner Mr. Ramchandra Guchhait ..for the State

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

The petitioner states that the respondent authorities have not communicated their decision on the prayer made by the petitioner under Section 8 of the West Bengal Highways Act, 1964 for grant of permission to use the PWD land at L.R. Plot No. 1335 in front of Plot No. 4014 within Mouza Juginda under Police Station Domkal in the District of Murshidabad.

The learned advocate appearing for the State submits that the decision on such application shall be communicated to the petitioner within the time limit as may be fixed by this Court.

In the light of the submissions made by the learned advocates for the respective parties WPA 4899 of 2026 stands disposed of by directing the Assistant Engineer, Public Works Department, Berhampore Sub-Division-II,

2

Murshidabad being the 5^th respondent to consider the application of the petitioner dated 20^th January, 2026 under Section 8 of the West Bengal Highways Act, 1964 and to dispose of the same by passing a reasoned order as expeditiously as possible but positively within a period of eight weeks from the receipt of a server copy of this order along with a copy of the representation dated 20^th January, 2026. In the event any adverse decision is contemplated on the said application the said respondent shall afford an opportunity of hearing to the petitioner or his authorized representative and pass the reasoned order with the time limit as mentioned hereinbefore.

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.)