Sahidullah Munshi, J. - (1.) This writ petition has been filed by Nemai Chandra Kundu and others praying for a writ in the nature of mandamus calling upon the respondent Police authorities and more specifically the respondent no.11, that is, the Inspector-in-charge of Arambagh Police Station, Hooghly and the Municipal authorities, that is, the respondent no.1 to forthwith restrain the Executive Engineer (P.W.D.), Hooghly Construction Division at Chinsurah being the respondent no.4, his men, agents, servants, assigns from continuing with planting forest trees/saplings in front of petitioners' plots of land and to nurture the same.
(2.) Mr. Basu, appearing for the petitioners, submitted that necessary pleadings have been made by the petitioners in paragraph 34 of the writ petition which is set out below:- "34. The plantation programme is illegal. The attitude and action of Mr. Niranjan Bhar, the Assistant Executive Engineer in continuing his mission of vendetta, illegal threats and nepotism are penal in nature and he may be suitably dealt with for his illegal acts. The said Mr. Bhar has further threatened in the open that if the saplings are in any way damaged, the petitioners would be proceeded with. The said statement is heinous and it seems that the said Mr. Bhar has his well tuned mind to involve the petitioners into false cases."
(3.) In the next paragraph, that is, paragraph 35, the petitioners have alleged about the action of the authorities under West Bengal Highways Act, 1964 which is set out below:- "35. The West Bengal Highways act, 1964 bit legislation and the same for the maintenance and control of, prevention of encroachments thereon and a removal of encroachments therefrom, and matters connected therewith. Nowhere in the said act doesn't permit for plantation of saplings of forest plants which prevents obstruction of views and prevents use of the highway. Forest tree saplings cannot be granted under any circumstances and those forming tall trees but in the present case the same has been done so that the petitioner business can be destroyed being not in view of the public and the roots would soon spread underneath the building and destroy the plaint of the said building. It is strange as to how an engineer can become a forest officer while discharging his duties under the provisions of the West Bengal highways Act.";