WPA/17390/2026 of PRATIMA KARAN Vs STATE OF WEST BENGAL AND ORS. on 30 September 2026

1. Affidavit of service as filed today on behalf of the writ petitioner is taken on record.

2. None appears on behalf of the private respondents despite service.

3. The writ petitioner and the respondent State are however, represented.

4. On behalf of the respondent State a copy of Memo dated 28.07.2026 as issued by the respondent no. 5 authority to the respondent no. 6 authority, is filed and the same is taken on record.

5. By filing the instant writ petition, the writ petitioner alleges illegal encroachment at the instance of the private respondents over the PWD road in front of the writ petitioner's land, particulars of which have been mentioned in paragraph 2 of the instant writ petition.

6. It is contended on behalf of the writ petitioner that on account of such illegal encroachment, egress and ingress of the writ petitioner to her own land, as mentioned in paragraph 2 of the instant writ petition, has been blocked.

7. It is submitted further that despite submission of representation dated 28.07.2026, no steps have been taken by the respondent authorities.

8. Learned advocate appearing on behalf of the respondent State submits before this Court that in the meantime, the respondent no. 5 authority has requested the respondent no. 6 authority to submit a demarcation report.

9. In view of such submission, this Court, while disposing of the instant writ petition, passes the following directions: i. The respondent no. 6 authority is hereby directed to serve notice upon the writ petitioner and the private respondents and make a field verification at the disputed plot and submit a demarcation report with the respondent no. 5 authority, positively within working days from the date of communication of this order.

ii. The respondent no. 5 authority, on receipt of the said demarcation report from the respondent no. 6 authority, is directed to serve notice upon the writ petitioner and the private respondents, and shall provide them copies of the demarcation report as would be submitted by the respondent no. 6 authority.

iii. The respondent no. 5 authority is further directed to consider the representation dated 28.07.2026 as submitted by the writ petitioner in accordance with law and in the light of the demarcation report as would be submitted by the respondent no. 6 authority and after giving due opportunity of hearing to both the writ petitioner and the private respondents, and/or their authorized representatives, the said authority shall pass a reasoned order and forthwith communicate the same to both the writ petitioner and the private respondents.

10. The entire exercise, as indicated in the foregoing paragraphs, is to be completed by the respondent no. 5 authority within 45 working days from the date of receipt of the demarcation report from the respondent no. 6 authority.

11. The time limit as fixed by this Court is peremptory and mandatory.

12. It is further directed that in the event, while passing the reasoned order, the respondent no. 5 authority finds sufficient merit in the representation dated 28.07.2026, he is directed to take all consequential actions soon thereafter.

13. With the aforesaid observations, the instant writ petition is disposed of.

14. Liberty is given to the learned advocate-on- record of the writ petitioner to communicate the server copy of this order to the respondent nos. 5 and 6 authorities, who are directed to act on the server copy of this order.

15. It is, however, made clear that while disposing of the instant writ petition, this Court has not gone into the merits of the representation dated 28.07.2026, and thus all points are kept open for adjudication by the respondent no. 5 authority.

(Partha Sarathi Sen, J.)