IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APELLATE SIDE The Hon’ble JUSTICE SUVRA GHOSH WPA 1942 of 2023 With CAN 2 of 2025 With CAN 3 of 2025 Abusalam Sekh v/s.

The State of West Bengal & Ors.

For the Petitioner: Mr. Prosenjit Mukherjee Ms. Manisa Mandal Ms. Babita Pramanik For the NHAI : Mr. Subrata Bhattacharjya Mr. Sourav Roy For the State: Mr. Santanu Kr. Mitra Mr. Amartya Pal For the Respondent No. 5: Ms. Pampa Dey Dhabal Ms. Sangita Barman Hearing concluded on: 24.04.2026 Judgment delivered on: 06.05.2026 SUVRA GHOSH, J. :-

1. The prayers in the writ petition are as hereunder:-

“(b) Issue a writ in the nature of Mandamus thereby quash and/or set aside the impugned notice of eviction issued by the said National Highway Respondent authority concerned on 13.01.2023;

(c) Issue a writ of and/or in the nature of Prohibition thereby prohibiting the Respondent authorities from taking any steps regarding the eviction/removal of your petitioner without following the procedure so established by law;

(d) Issue a writ commanding the respondents and each of them or their instrumentalities to take appropriate steps in accordance with law for disbursing the adequate and fair