12.09.2025

Item No. 50

Crt.No.2

b.r. CIRCUIT BENCH OF CALCUTTA HIGH COURT

AT JALPAIGURI

APPELLATE SIDE

WPA 1899 of 2025

Pradeep Agarwal @ Pradip Agarwal

-vs-

The Principal Secretary & Ors.

Mr. Sandip Guha Roy

Mr. Ananda Paul

….. for the petitioner. Mr. Subir Kumar Saha

Mr. Kumar Shantanu (VC)

…. For the State.

Ms. Supriya Singh (VC)

Mr. Mayank Bhandari … for the Resp. no.3

Mr. Sandip Guha Roy, learned advocate,

appears for the petitioner.

Mr. Subir Kumar Saha, learned advocate

appears for the State-respondents.

Ms. Supriya Singh, learned advocate through

virtual mode appears for the respondent no.3.

The petitioner alleges encroachment on a

portion of Asian Highway-48 land (for short, the said Highway land), at the behest of the alleged encroachers who are still in wrongful occupation of

the portion of the Highway land as alleged.

Ms. Supriya Singh, learned advocate appearing for the said Highway Authority submits that Sections 26 and 27 of the Control of National Highways (Land and Traffic) Act, 2002(for short the said 2002 Act) deal with removal of unauthorized occupation. Respondent no.3 is the appropriate and jurisdictional authority to carry out the enter exercise in terms of Sections 26 and 27 of the s