PRASANTA PAL & ORS Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2017-11-142
HIGH COURT OF CALCUTTA
Decided on November 07,2017

Prasanta Pal And Ors Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Jyotirmay Bhattacharya, J. - (1.) Re : CAN 9032 of 2017. The applicants were not parties to the proceeding being W.P. No. 12644(W) of 2017 which was disposed of by a learned Single Judge of this Court on 12th June, 2017. By the impugned order, the respondent authorities were directed to take expeditious steps for removal of illegal encroachment from the road concerned. Such removal of encroachment was directed to commence within fortnight from the date of the order.
(2.) Such directions were passed by the learned Single Judge of this Court by relying upon a report submitted by the concerned authority disclosing therein that the illegal encroachment of public road was done by many illegal encroachers. The applicants are also under the threat of eviction in the same process. The applicants have filed the present application seeking leave to file this appeal as they are adversely effected by the impugned order.
(3.) It is contended by the applicants that the applicants are not the unlawful encroachers, but if the applicants are dispossessed in the said operation by the concerned authority, they will be deprived of getting an opportunity to redress their grievance before the court of law in accordance with law. Considering the submission of the learned counsel appearing for the parties, we are of the view that this is a fit case where leave should be granted by this Court to the applicants to file this appeal. Accordingly, leave is granted. Let the appeal now be registered. Re : CAN 9059 of 2017.;


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