Lakshman Chandra Dinda Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Lakshman Chandra Dinda Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without entering into merits, directing the Assistant Engineer, Panskura Highway SubDivision, Public Works (Roads) Directorate, Purba Medinipur (respondent no. 3) to consider the petitioner's representation dated 27th February, 2026, make necessary enquiries and demarcation through competent Amins/surveyors after prior notice to the petitioner, the private respondents and other affected persons, and if encroachment upon the PWD road is found, initiate a proceeding under the West Bengal Highways Act, 1964, completing the exercise as expeditiously as possible but positively within ten weeks of receipt of a server copy of the order with the representation; no order as to costs.

Issue for consideration

Whether the private respondents' partly pucca/partly semi-pucca structures with tin and asbestos shed encroach upon the PWD road in front of the petitioner's property (Dag No. 859, Mouza Sudampur, Purba Midnapore), obstructing his ingress and egress. +1 more

Ratio / Principle

Since an allegation of 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.

Key takeaways

The Court disposed of WPA 9732 of 2026 without entering into merits, directing the Assistant Engineer, Panskura Highway SubDivision (respondent no. 3) to consider the petitioner's representation dated 27th February, 2026 and, after making enquiries and demarcation through competent Amins/surveyors upon prior notice to the petitioner, the private respondents and other affected persons, to initiate a proceeding under the West Bengal Highways Act, 1964 if any encroachment upon the PWD road is found, completing the exercise within ten weeks of receipt of a server copy of the order along with a copy of the representation.ratio¶20

Detailed headnote1 paragraphs

Writ application (WPA 9732 of 2026, decided 08.06.2026, Hiranmay Bhattacharyya, J.). Lakshman Chandra Dinda, claiming ownership of Dag No. 859, Mouza Sudampur, J.L. No. 199, Purba Midnapore, alleged that private respondents (nos. 8-22, 24-28) had erected partly pucca and partly semi-pucca structures with tin and asbestos shed encroaching upon the PWD road before his property, obstructing his ingress and egress; his representation dated 27.02.2026 to various authorities, including the Assistant Engineer, Panskura Highway SubDivision, was allegedly not acted upon. Without entering into merits, the Court held that where encroachment on a PWD road is alleged it is the authorities' duty to act in accordance with law, and directed the Assistant Engineer (respondent no. 3) to consider the representation, make enquiries and demarcation through competent Amins/surveyors after prior notice to all affected persons, and, if encroachment is found, initiate proceedings under the West Bengal Highways Act, 1964, completing the exercise within ten weeks of receiving a server copy of the order; no order as to costs.

A. 12 08.06.2026 Court No.19 BP

WPA 9732 of 2026

Lakshman Chandra Dinda -versus-

The State of West Bengal and others

Mr. Salil Kumar Maiti Ms. Dolan Samanta ..for the petitioner

Ms. Ranjana Chatterjee Ms. Puja Sonkar ..for the State

Ms. Rama Halder Mr. Susanta Kumar Santra ..for the respondent nos. 8 to 22, 24 to 28

Affidavit of service filed in Court today is taken on

record.

Ms. Chatterjee, learned advocate appears along with her junior. Let the appointment of Ms. Chatterjee along with a junior of her choice be regularized by the concerned authority.

The petitioner claims to be the owner of a plot of land being Dag No. 859 within Mouza Sudampur, J.L. No. 199 in the District of Purba Midnapore. The petitioner alleges that the private respondents have constructed a partly pucca and partly semi pucca structure with tin and asbestos shed by encroaching upon the PWD road just 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. The petitioner

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submitted a representation before various authorities including the Assistant Engineer, Panskura Highway SubDivision, Public Works (Roads) Directorate, Purba Medinipur by a letter dated 27^th February, 2026 requesting the said authority to remove the encroachment from the PWD road.

The learned advocate appearing for the petitioner submits that in spite of receipt of such representation no steps have been taken by the respondent authorities till date.

The learned advocate appearing for the private respondents seriously disputes the allegation made by the petitioner. She submits that the private respondents have only erected temporary structures. She however disputes that such structure has been constructed by encroaching upon the PWD road.

The learned advocate appearing for the State submits that necessary steps in accordance with law shall be taken if any encroachment upon the PWD road has been found.

Since an allegation of 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 representation dated 27^th February, 2026, WPA 9732 of 2026 stands disposed of by

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directing the Assistant Engineer, Panskura Highway SubDivision, Public Works (Roads) Directorate, Purba Medinipur being the 3^rd respondent to consider the representation of the petitioner dated 27^th February, 2026 and after making necessary enquiries and demarcation through competent Amins/surveyors upon prior service of notice to the petitioner, the private respondents and any other person, who may be affected by such demarcation, and upon such demarcation if it is found that there has been any encroachment upon the PWD road, an appropriate proceeding under the provisions of the West Bengal Highways Act, 1964 shall be initiated and the entire exercise under the said provision shall be completed as expeditiously as possible but positively within a period of ten weeks from the receipt of a server copy of this order along with a copy of the representation dated 27^th February, 2026.

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.)