WPA/13245/2026 of SUKUMAR RANANA AND ORS Vs STATE OF WEST BENGAL AND ORS. on 28 September 2026

1. The instant matter is listed under the heading “Extension of Interim Order”.

2. On consent of all the parties to the writ petition, the instant writ petition is taken up for hearing for disposal.

3. At the time of hearing learned advocate appearing on behalf of the writ petitioners submits before this Court that the writ petitioners were compelled to file the instant writ petition since the impugned order dated 29.05.2026 is not communicated to the writ petitioners by the jurisdictional Sub-divisional Magistrate, that is, the respondent no.3 authority.

4. On being asked by this Court, it is, however, submitted on behalf of the writ petitioners that the copy of the said order dated 29.05.2026 was served upon the writ petitioners by the police authorities directing the writ petitioners to remove the alleged encroachment forthwith.

5. Such contention is vehemently opposed by the learned advocate for the respondents-State.

6. It is argued on behalf of the respondents-State that the order impugned has been duly communicated to the writ petitioners and, therefore, the instant writ petition is liable to be dismissed since the writ petitioners chosen a wrong forum to ventilate their grievance.

7. On behalf of the State, a report dated 27.09.2026 is filed, which is taken on record.

8. Learned advocate for the private respondents supports the contention of learned advocate appearing for the respondents-State.

9. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contesting parties, this Court passes the following directions:

(a) The respondent no.3 authority is directed to communicate an authenticated copy of the order dated 29.05.2026 as passed in connection with the Case No.05 of 2026 to the writ petitioner no.1 by speed post and such service would be deemed to have been effected upon all the writ petitioners. It is, however, directed that such service is to be completed within 7 working days from today.

(b) Liberty is given to the present writ petitioners upon communication of the aforementioned impugned order to prefer an appeal before the respondent no.2 authority under Section 10(4) of the West Bengal Highways Act, 1964 („said Act‟ in short) within 30 working days from the date of receipt of the authenticated copy of the impugned order dated 29.05.2026 from the respondent no.3 authority.

(c) Further liberty is given to the writ petitioners to file an application for stay in connection with the said appeal.

(d) In the event, the said appeal and the application for stay are filed within the time limit as fixed by this Court, the respondent no.2 authority shall treat the said appeal within the period of limitation.

(e) The operation of the impugned order dated 29.05.2026 as passed by the respondent no.3 authority shall remain stayed till passing of the order of appeal on the point of admission and in the event, such appeal is admitted till the passing of the appropriate order of the stay application as would be filed by the writ petitioners.

10. With the aforementioned observations, the instant writ petition is disposed of.

11. With the disposal of the instant writ petition, the pending interlocutory application being CAN 1 of 2026 is also disposed of.

12. Before parting with, it is, however, made clear that while disposing the writ petition, this Court has not gone into the merits of the impugned order dated 29.05.2026 as passed by the respondent no.3 authority and, thus, all points are kept open for adjudication in the appeal by the respondent no.2 authority.

13. It is further made clear that since affidavits have not been called for, the allegations made in the instant writ petition are deemed to have been denied.

14. There will be no order as to costs.

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

(Partha Sarathi Sen, J.)