Mir Dara Sheko, J. - (1.) Upon notice to the Bar, arrangement was made to take up Group-I motions; and amongst the cases the instant matter has been taken up at the instance of learned Counsel Mr Sarkar representing the writ petitioners in presence of learned Counsel Mr. Subir Pal led by Mr Susobhan Sengupta representing the State respondents.
(2.) Mr Sarkar submitted that the State machineries acted in high-handed manner by violating Article 19 of the Constitution as well as the principle of natural justice, although in a first round litigation, there was direction of this Court giving liberty to the respondent authorities for removal of the encroachers from the public road following the procedure laid down under the provisions of the West Bengal Highways Act, 1964 with a period of twelve weeks from the date of preparation of survey report. Submitted that although such stipulated period has not yet expired, the State machineries without following the procedure laid down in the Act hurriedly had involved its machineries in illegal act and activities to rest the petitioners in distress by removing the writ petitioners from the encroached land belonging to the PWD where they had been running their business in lieu of licence issued by the respective licensing authority, and, therefore, in terms of the prayers in the writ petition immediate reliefs should be allowed.
(3.) Mr Sarkar referred to the provision laid down under Article 243(w), 243(g) of the Constitution and also relied upon the case of Johar Ali Vs. State of West Bengal & Ors., 2013 3 CalLJ 278.;