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

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

What the court decided

AI extract

Outcome

Writ petition disposed of without entering merits: respondent no. 3 (Assistant Engineer, Contai National Highway Sub-Division, Public Works (Roads) Directorate) directed to consider the representation dated March 16, 2026, conduct enquiry and demarcation by a competent Amin/Surveyor after prior notice to affected persons, and if encroachment is found, initiate proceedings under the relevant statute, completing the exercise positively within 10 weeks from receipt of a server copy of the order with the representation.

Issue for consideration

Whether the respondent authorities should be directed to consider and act upon the petitioner's representation dated March 16, 2026 seeking removal of the private respondent's alleged encroachment upon the PWD road causing obstruction to the petitioner's ingress and egress.

Court's answer

Without going into the merits, the writ petition is disposed of by directing respondent no. 3, the Assistant Engineer, Contai National Highway Sub-Division, Public Works (Roads) Directorate, to consider the petitioner's representation dated March 16, 2026.

Ratio / Principle

Necessary enquiry and demarcation shall be made by engaging a competent Amin/Surveyor upon prior service of notice on the petitioner, the private respondent and any other person who may be affected by such demarcation.

Key takeaways

Upon such demarcation, if any encroachment is found, appropriate proceedings shall be initiated in accordance with the relevant statute.ratio¶24
The entire statutory exercise shall be completed as expeditiously as possible and positively within 10 weeks from the receipt of a server copy of the order along with a copy of the representation dated March 16, 2026.ratio¶24

Detailed headnote1 paragraphs

Encroachment on PWD road — petitioner, owner of plot no. 350, JL No. 203, Mouza Dakshin Basulipat, Ramnagar Police Station, Purba Medinipur, alleged that a private respondent raised construction encroaching on Public Works Department land in front of his property, obstructing ingress and egress to the PWD road — representation dated March 16, 2026 to the Assistant Engineer, Contai National Highway Sub-Division remained unactioned — writ petition disposed of without going into the merits — respondent no. 3 directed to consider the representation and, after enquiry and demarcation by a competent Amin/Surveyor upon prior notice to the petitioner, the private respondent and other affected persons, initiate appropriate proceedings under the relevant statute if encroachment is found — entire exercise to be completed as expeditiously as possible, positively within 10 weeks from receipt of a server copy of the order along with the representation. (Hiranmay Bhattacharyya, J.)

Court No. 19

WPA 9548 of 2026

(265719)

08.06.2026

(A 10)

Sri Shantanu Manna

Vs. The State of West Bengal & Ors.

(S. Banerjee)

Mr. Manoranjan Jana

…for the petitioner

Mr. Arghya Chatterjee

…for the respondent nos. 1 to 5

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

Mr. Jana, learned advocate appearing for the petitioner, submits that the registered envelop addressed to the private-respondent, returned with the endorsement ‘refused’. He further submits that the respondent authorities have also been duly served.

Mr. Chatterjee, learned advocate, appears and submits that he has instruction to appear in this matter for the State.

Let a copy of the writ petition be served upon Mr. Chatterjee.

The petitioner claims to be the owner of a plot of land being plot no. 350, JL No. 203, within Mouza Dakshin Basulipat, under Ramnagar Police Station in the district of Purba Medinipur. Petitioner alleges that the private-respondent has raised construction by encroaching upon the land belonging to the Public

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Works Department in front of the property of the petitioner thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road. Petitioner claims to have submitted a representation dated March 16, 2026 before the Assistant Engineer, Contai National Highway SubDivision, Public Works (Roads) Directorate requesting such authority to remove the encroachment from the PWD road.

Mr. Jana, learned advocate appearing for the petitioner submits that in spite of receipt of such representation to remove the encroachment from the PWD land, no steps have been taken.

Mr. Chatterjee, learned 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.

In the light of the submissions made by the learned advocates for the respective parties and without going into the merits of the claims made in the representation dated June 13, 2026, this writ petition stands disposed of by directing the Assistant Engineer, Contai National Highway Sub-Division, Public Works (Roads) Directorate, being the 3^rd respondent, to consider the representation of the petitioner dated March 16, 2026 and after making necessary enquiry and demarcation by engaging competent Amin/Surveyor upon prior service of notice to the petitioner, the private-respondent and

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any other person who may be affected by such demarcation, and upon such demarcation if any encroachment is found, appropriate proceeding in accordance with the relevant statute shall be initiated and the entire exercise under the said statute shall be completed as expeditiously as possible but positively within a period of 10 weeks from the receipt of a server copy of this order along with copy of the representation dated March 16, 2026.

(Hiranmay Bhattacharyya, J.)