Harish Tandon, J. - (1.) The challenge is made to a notice dated 16th January, 2017 issued by the Executive Engineer, Public Works Directorate, Midnapore Division, whereby and whereunder the persons, who allegedly occupied the State Highway land, were directed to remove the structures therefrom, so as to render it free from any encroachment.
(2.) The petitioners claim right as raiyat in respect of Dag No. 159, Mouza 'Shyampur under Police Station' Ghatal, which comprised of three decimal of land and denied such land to be a part of the State Highway. It is further stated by the petitioners that there is no declaration by the State authorities that such land comprised in the State Highway as required under Section 3(1) of the West Bengal Highways Act, 1964.
(3.) Learned advocate appearing for the petitioners submits that the authorities on the basis of the aforesaid notice may forcibly and wrongfully remove the structures without taking recourse to the other provisions of the said Act.;