WPA/9954/2026 of MANAS KUMAR DUTTA Vs STATE OF WEST BENGAL AND ORS. on 20 August 2026

1. The present writ petition has been preferred primarily praying for the following reliefs :-

a) “To issue a writ in the nature of the Mandamus commanding the respondents particularly the Collector, Purba Medinipur to initiate demolition proceeding as per the provisions of West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 and to demolish the same within one month.”

2. Briefly stated, the facts leading to the presentation of the instant writ petition are that initially, the petitioner submitted a representation before the Assistant Engineer, Tamluk Highway Sub-Division, P.W. (Roads) Directorate, inter alia, alleging therein that the private respondents had encroached upon a portion of the land belonging to P.W. (Roads) and had made construction thereon. Alleging inaction in considering such representation, the petitioner moved a writ petition, being WPA 636 of 2026, which was disposed of by a Coordinate Bench of this Court by order dated January 15, 2026, directing the Block Land and Land Reforms Officer (in short, „BL&LRO‟) to depute competent Amins/Surveyors for the purpose of demarcation in terms of the Memos dated December 17, 2025 and January 14, 2026 issued by the Assistant Engineer, Tamluk Highway Sub- Division, Public Works (Roads) Directorate, and to prepare a report and sketch map in respect of such demarcation.

3. The BL&LRO, after completion of the demarcation work in terms of the order dated January 15, 2026, was directed to forward the report to the Assistant Engineer. The Assistant Engineer was directed to initiate proceedings under Section 10 of the West Bengal Highways Act, 1964 (in short, „the 1964 Act‟), upon receipt of the report from the BL&LRO concerned. However, upon enquiry, it was found that the land had vested in the State and, accordingly, was recorded under Khatian No. 1. As the land was recorded under Khatian No. 1 in the name of the Collector, Government of West Bengal, the Assistant Engineer could not take any steps under Section 10 of the 1964 Act, as would be evident from the communication dated March 9, 2026, addressed by the Assistant Engineer to the Collector and District Magistrate, Purba Medinipur.

4. Given the aforesaid situation, the petitioner has filed the present writ petition seeking a direction upon the District Magistrate, Purba Medinipur, to initiate proceedings under Section 3 of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 (in short, „the 1962 Act‟).

5. Mr. Soumen Kumar Dutta, learned Advocate appearing for the petitioner, submits that since, at the time of enquiry, it was found that the land had vested in the State and was recorded under Khatian No. 1, the Collector and District Magistrate, Purba Medinipur, be directed to initiate proceedings under the 1962 Act.

6. Mr. Asim Hati, learned Advocate appearing for the State/respondents, submits that, as the office of the Collector and District Magistrate, Purba Medinipur, has received the communication from the Assistant Engineer, necessary steps shall be taken in accordance with law.

7. In view of the submissions made on behalf of both the parties, the writ petition is disposed of by directing the respondent no. 2 to initiate proceedings under the relevant provisions of the 1962 Act and bring the same to its logical conclusion, after affording an opportunity of personal hearing to all the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With these observations and directions, WPA 9954 of 2026 is disposed of.

9. There shall be no order as to costs.

10. Let urgent Photostat certified copy of this order be made available to the parties, if applied for, upon compliance of usual formalities.

(Partha Sarathi Chatterjee, J.)