WPA/14977/2026 of OBAIDUL SARKAR Vs STATE OF WEST BENGAL AND ORS. on 28 September 2026

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

2. The writ petitioner and the respondent State are represented by their respective learned advocates.

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

4. At the time of hearing, learned advocate appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that he is the owner of a portion of Plot No. 16 in Mouza Godhanpara under P.S. Raninagar, District- Murshidabad, particulars of which have been mentioned in paragraph 3 of the instant writ petition.

5. It is argued that it is the further case of the writ petitioner that adjacent to the aforementioned land of the writ petitioner, there lies a PWD road from Islampur to Katlamari.

6. It is further argued that it is the specific case of the writ petitioner that the private respondents have encroached the said PWD road in such a fashion that the writ petitioner's ingress and egress to the aforementioned land has been blocked.

7. Drawing attention to page nos. 16 to 17 of the instant writ petition, being the copy of the representation dated 12.06.2026, it is submitted that finding no other alternative, the writ petitioner approached the respondent authorities for removal of the said illegal encroachment at the instance of the private respondents, but in vain.

8. It is thus submitted that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayer made in the instant writ petition.

9. Ms.

Dhar Chakraborty, learned advocate appearing on behalf of the respondent State, in her usual fairness, submits before this Court that the respondent no. 3 authority may be directed to consider the representation dated 12.06.2026, as submitted by the writ petitioner, in accordance with law.

10. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court, while disposing of the instant writ petition, passes the following orders:

(a) The respondent no. 5 authority is hereby directed to serve advance notice to the writ petitioner and the private respondents and thereafter shall cause a physical verification at the disputed plot, and shall thereafter submit a field verification report/demarcation report with the respondent no. 3 authority positively within 30 working days from the date of communication of the server copy of this order.

(b) The respondent no. 3 authority, on receipt of such field verification report/demarcation report, shall also give notice to the writ petitioner and the private respondents and shall provide them copies of the said demarcation report as would be submitted by the respondent no. 5 authority.

(c) The respondent no. 3 authority is further directed to give a fair chance of hearing both to the writ petitioner and the private respondents, and thereafter shall pass a reasoned order in respect of the representation dated 12.06.2026 as submitted by the writ petitioner in the light of the demarcation report as would be submitted by the respondent no. 5 authority.

11. The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no. 3 authority within 45 working days from the date of receipt of the demarcation report from the respondent no. 5 authority.

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

13. It is further directed that in the event while passing the reasoned order, the respondent no. 3 authority finds sufficient merit in the representation dated 12.06.2026, he is directed to take all consequential action soon thereafter with the aforementioned observation.

14. WPA No. 14977 of 2026 is disposed of.

15. Before parting with it is, however, made clear that while disposing the instant writ petition this Court has not gone into the merit of the representation dated 12.06.2026 and thus, all points are kept open for adjudication by the respondent no. 3 authority.

(Partha Sarathi Sen, J.)