Sk. Mannan & Ors @APPELLANT@Hash State of West Bengal & Ors

In view of the urgency involved in the present petition, the requirement of Rule 26 of the Writ Rules is dispensed with and the writ petition is taken up

for hearing upon treating the same as on day’s list.

The subject matter of challenge in the present writ petition is a notice dated 19th November, 2018 issued by the respondent no. 5.

Mr. Jana, learned advocate appearing for the petitioners submits that challenging an order dated 10th June, 2016 passed by the respondent no. 4, the

petitioners preferred a statutory appeal under section 10(4) of the West Bengal Highways Act, 1964, being Appeal No. 2 of 2016. By a notice the

petitioners were asked to appear in the office of the respondent no. 2 for hearing of the said appeal on 11th May, 2018. Placing reliance upon the

averments made in paragraph 15 of the writ petition, Mr. Jana submits that initially the appeal was admitted for hearing and the order impugned was

stayed by the respondent no. 2 and on 11th May, 2018 though the petitioners were present in the office of the said respondent no. 2, no hearing was

conducted as the respondent no. 2 was busy in other administrative function. Subsequent thereto, no further date of hearing was intimated to the

petitioners and in the midst thereof, the respondent no.5 issued the impugned notice.

No instruction is forthcoming as to whether any fresh notice was issued to the petitioners intimating any date of hearing in the said appeal No. 2 of

2016.

In view of the fact that the petitioners are occupying the concerned land for a substantial period of time, it would be iniquitous to deny an interim

protection.

Accordingly, there shall be an interim order restraining the respondents from giving effect or further effect to the impugned notice dated 19th

November, 2018 issued by the respondent no. 5 till 14th January, 2019.

Mr. Robiul Islam, learned advocate, who is present in Court today, is directed to appear on behalf of the State respondents and to avail necessary

instruction in the meantime.

Records reveal that in the statutory appeal preferred by the petitioners, there are five private respondents, as would be explicit from page 18 of the

writ petition. In my opinion, their presence is required for adjudication of the present writ petition.

Accordingly, the learned advocate for the petitioners is directed to implead the respondent nos. 7 to 11 in Appeal No. 2 of 2016 as party respondents

to the present writ petition.

The learned advocate on record is directed to effect necessary correction in the cause title of the writ petition. He is also directed to intimate this

order to the added respondents and to file an affidavit of service on the returnable date.

List this matter for further consideration in the daily supplementary list of this Court on 14th December, 2018. Let photostat plan copy of this order,

duly counter-signed by the Assistant Registrar (Court) be given to the learned advocate appearing for the petitioners as also to Mr. Islam, learned

advocate appearing for the State respondents, on their usual undertaking.