- (1.) The instant writ appeal is directed against the Judgment and Order of a Single Judge whereby and whereunder the impugned notice of removal of encroachment has been quashed and set aside.
(2.) The brief facts of the case relating to the filing of the writ petition, may be noticed. One Chitta Ranjan Bhunia predecessor-interest to the writ petitioners, had moved a writ application being C.O.No.795(W) of 1996 which was disposed of by an order dated 4th January, 1996 directing the Block Land and Land Reforms Officer, Contai to consider and dispose of the representation of the writ petitioner. In compliance with the said direction, the Block Land and Land Reforms Officer, Contai after issuing notice to various persons and after affording a hearing to them passed an order whereby, it was held that the Private Respondents had encroached upon certain portions of the Land of Public Works Department abutting the High way.The writ petitioners appeared to have purchased certain portions of the land from the aforesaid Chitta Ranjan Bhunia-in Plot No. 84. The Sub Divisional Officer, Contai by his order dated 27th November, 1998 directed Contai Police Station to take necessary action for removal of encroachment. The R W. D. it appears took steps for demolition of the unauthorised constructions and removed the encroachment on the land vested in the P. W. D. The writ petitioners state that certain portions have not been demolished and encroachment had not been removed from all the lands which were subject matter of the order of the Block Land and Land Reforms Officers. The petitioners thereupon filed the instant writ application praying, inter alia, for appropriate orders to the authorities including Police Personnel for removal of the encorachment and demolishing of constructions.
(3.) The learned Single Judge disposed of the writ application by his order dated 26th March, 1999 holding that any action for removal of encroachment has to be in accordance with the provisions of the West Bengal Highway Act, 1964.The authority prescribed under section 10 of the said Act is required to initiate action for removal of encroachment by issue of a notice prescribing the period in which the encroachment if, the same is not complied with within the period specified, appropriate authority is required to make application to the Executive Magistrate for removal of encroachment in terms of section 10(2) of the said Act. In that view of the matter the order of S. D.O., Contai being annexure 'D' and the hand written portion thereof being an endorsement bearing Memo No. 2485/G, dated 27th November, 1998 were set aside.;