Kishore Kumar Mandal, J.

This application filed under Articles 226 and 227 of the Constitution of India seeks a direction to the respondents not to raise boundary wall over plot no. 1196 (area 6 decimals) and plot no 1209 (area 1/4 decimals) lying in front of the house of the petitioner and other several residents.

2. Heard Mr. Rama Kant Sharma, Senior Counsel for the petitioner and Mr. Syed Arshad Alam, S.C.3 for the State.

3. Parties have exchanged their pleadings.

4. It has been submitted by the counsel for the petitioner that the flank of the G.T. Road cannot be used for pucca construction obstructing the egress and ingress of the residents abutting the Highway. The Government in the Department of Road Construction, however, can temporarily use the land on the flank of the road for the purpose of maintaining the road. No pucca structure obstructing the view of the adjoining residents and/or obstructing their egress and ingress to the Highway can be made. Since the Government in the Road Construction Department was going with the construction of pucca structure over the land in the flank of the road, in question, the petitioner approached the Executive Magistrate who initiate