TAPABRATA CHAKRABORTY,J. - (1.) The present writ petition has been preferred challenging inter alia notice dated 19th of January, 2018 issued by the respondent no.4.
(2.) Records reveal that when the matter was taken up for hearing on 16th of February, 2018, Mr. Datta, learned advocate appearing for the petitioner contended that the authorities have issued the notice towards removal of encroachment selectively. Such notice has been issued only to the petitioner and two others leaving aside the other encroachers. On the basis of such submission, this Court directed the Assistant Engineer, P.W.D, Contai Sub-Division to file a report. As no such report was filed, this Court, by an order dated 10th July, 2018, directed the concerned officer to be personally present. Pursuant to the said order, Mr. Sibu Biswas, the Assistant Engineer, P.W.D. Contai Sub-Division is present before this Court and he has filed the report in the form of an affidavit. Let the said report and a memo dated 29th June, 2010, as produced be kept on record.
(3.) In the said report it has been categorically stated that on the basis of the order passed by this Court in an earlier writ petition being W.P 20058(W) of 2017 preferred by one Hrishikesh Jana, a proceeding under Section 10 of the West Bengal Highways Act, 1964 (in short, the said Act) was drawn up. The Block and Land Reforms Officer demarcated the land and submitted a report and from the same it was ascertained that the petitioner herein, one Hrishikesh Jana and one Shefali Dinda were the encroachers and accordingly notice was issued upon them by the respondent no.3 on 9th August, 2017 and as they did not remove the unauthorized construction, the respondent no.3 referred the matter to the respondent no.4, who issued a notice dated 19th January, 2018 and passed an eviction order on 7th February, 2018, which was communicated to the said encroachers on 12th February, 2018. Thereafter a further notice was issued on 3rd July, 2018 asking them to remove the unauthorized construction but as they failed, the eviction programme was completed on 8th July, 2018. In the backdrop of the said facts, it is evident that there was no infirmity in the notice dated 19th January, 2018 issued by the respondent no.4.;