- (1.) The petitioner in this art.226 petition dated September 30, 2011 is questioning an order dated August 2, 2011 (at p.44) passed by the Sub-divisional Magistrate, Sadar, Howrah in Case No.11 of 2011.
(2.) The Highway Authority under the West Bengal Highways Act, 1964 initiated a proceeding against the petitioner alleging that the petitioner encroached on land belonging to the Public Works Department of the Government of West Bengal.
(3.) When the petitioner did not remove the encroachment in compliance with the notice issued by the Highway Authority under s.10 of the Act, the Highway Authority filed an application before the Executive Magistrate under sub-s.(2) of s.10 of the Act.;