Disposed

Hamid Mondal and Ors. v. State of West Bengal and Ors.

Calcutta HC2 Mar 2026WPA/5017/2026

Case brief

AI extract

What is this about?

Petitioners challenged an SDM order for removal of encroachment from a PWD road and sought speedy disposal of their appeal under Section 10(4) of the West Bengal Highways Act. The Court directed the District Magistrate to hear and dispose of the appeal by end of April 2026 and restrained coercive steps meanwhile.

What did the court decide?

District Magistrate directed to hear and dispose of Section 10(4) appeal by end of April 2026; respondents restrained from coercive steps during pendency of appeal.

Hamid Mondal and Ors. Vs State of West Bengal and Ors. — Property and Title | Calcutta HC (2026)

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Item02-03-2026 ML6. Ct. 19 sg

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WPA 5017 of 2026

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Hamid Mondal & Ors. Versus State of West Bengal & Ors. Mr. Sobhan Majumder Ms. Kalpita Paul …for the petitioners Mr. Chandi Charan De, ld. AGP Ms. Susmita Chatterjee …for the State

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Affidavit of service filed in Court is taken on record.

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The petitioners have prayed for a direction upon the District Magistrate, Nadia to dispose of the appeal filed by the petitioner under Section 10(4) of the West Bengal Highways Act, 1964 expeditiously.

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The learned Advocate appearing for the petitioners submits that by the order dated 19^th February, 2026 passed by the Sub-Divisional Magistrate, Tehatta, Nadia, the petitioners have been directed to remove the unauthorized construction from the PWD road by 6^th March, 2026.

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Mr. De, learned Additional Government Pleader, appearing for the State submits that no steps for demolition shall be taken during the pendency of the said appeal.

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Such submission of Mr. De is placed on record.

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The petitioners have filed an appeal on 24^th February, 2026 under Section 10(4) of the 1964 Act challenging the order dated 19^th February, 2026 passed by the Sub-Divisional Magistrate, Tehatta, Nadia in SDM Case No. 33/SDM/TS-HC under Section 10(3) of the West Bengal Highways Act, 1964.

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After going through the order dated 19^th February, 2026, this Court finds that the petitioners were directed to remove the unauthorized encroachment by 6^th March, 2026.

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Since the petitioners have availed of the appellate remedy under the relevant statute, this Court is of the considered view that unless an interim protection is granted and if the order passed under Section 10(3) of 1964 Act is implemented/executed in the meantime, the said appeal would become infructuous. In that event the petitioners will suffer irreparable loss and injury.

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In view thereof, this writ petition stands disposed of by directing the District Magistrate, Nadia, being the 2^nd respondent to fix a date of hearing of the appeal which was filed by the petitioners on 24^th February, 2026 and make an endeavour to dispose of the same as expeditiously as possible but positively by the end of the month of April, 2026 after affording an opportunity of hearing to the petitioners, the private respondent and any other person who may be affected by such decision and communicate the reasoned order to the parties immediately thereafter.

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The respondent authorities are restrained from taking any coercive steps during pendency of the appeal preferred by the petitioners under Section 10(4) of the 1964 Act.

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It, however, made clear that this Court has not gone into the merits of the appeal and all points are left open to be decided by the District Magistrate.

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It will also be open to District Magistrate to refuse

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any prayer for unnecessary adjournment.

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

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(Hiranmay Bhattacharyya, J.)

Hamid Mondal and Ors. v. State of West Bengal and Ors.

Case brief

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Hamid Mondal and Ors. v. State of West Bengal and Ors.

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