Judgment and Order (Oral) : Heard Mr. D.K. Biswas, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned G.A. appearing for the respondents. 2. The petitioner, being apprehensive that the respondents in the name of widening the road [Math Chowmohani to Jogendranagar] may encroach his jote land or may demolish the building constructed thereon has approached this court for restraining the respondents, their employees and workmen from doing ‘any act to dispossess the petitioner from any part of the 5 ganda land with buildings’. His jote land measuring 0.10 acre i.e. 5 ganda recorded under Khatian No. 2068, hal dag No. 4647 corresponding to Sabek Dag No. 2716/11767 situate at Mouja & Tehshil Jogendra nagar, Revenue Circle East Agartala, District – West Tripura. 3. Mr. D.K. Biswas, learned counsel appearing for the petitioner has submitted that on 19.11.2016, all on a sudden PWD personnel identified a part of the land of the petitioner as khash land and told the petitioner that they would take over the said piece of land by demolition of the RCC building of the petitioner in which the petitioner has his residence and shop. They also stated that the petitioner is in illegal possession of that land. Mr. Biswas, learned counsel has further submitted that no survey to identify the said land which is according to the respondents part of the khash land was carried out in presence of the petitioner ever. The petitioner has categorically averred that he has not occupied any part of the khash land and his building is constructed on his jote land only. 4. Mr. T.D. Majumder, learned G.A. appearing for the respondents, having taken instruction from the Executive Engineer, Bishalgarh Division, PWD, has submitted that the survey was duly carried out 3(three) months ago and in presence of the petitioner, the khash land which is under occupation of the petitioner was identified and marking was made. Mr. T.D. Majumder, learned G.A. has made a very categorical statement that no part of the jote land of the petitioner as covered by the khatian No. 2064 shall be occupied or utilized by the respondents for purpose of improvement and upgradation of the road but the respondents cannot spare the khash land which is marked for road and its embankment. 5. There is no hesitation in the mind of this court. 5. There is no hesitation in the mind of this court. No person can be allowed to occupy any part of the government land marked for the road and its embankment. The government is permitted to recoup by removing or evicting such illegal occupation for the better public good and for purpose of improvement and upgradation of the existing road. Since Mr. D.K. Biswas, learned counsel appearing for the petitioner has submitted that the petitioner does not have any claim on any part of the government land, he is only concerned with his jote land and the construction made thereon, the issue thus falls within a very short compass. Mr. Biswas, learned counsel has contended that there was no proper survey in identifying the khash land vis-a-vis the said jote land. 6. The petitioner’s grievance may be allayed if the writ petition is disposed of with the following direction. The respondent shall within 5(five) days carry out a fresh survey of the land in presence of the petitioner and prepare a proper map with the aid of a trained surveyor. The petitioner’s land shall be identified in a settlement map of the relevant area and thereafter leaving the petitioner’s jote land i.e. 5 ganda the respondents shall continue the improvement and upgradation of the road as proposed. The petitioner thereafter shall not provide any resistance to such work and if the petitioner acts contrary thereto that shall be treated as the contempt of this order and necessary action would be taken against the petitioner if such act is brought to the notice of this court. 7. The prior notice shall be served to the petitioner by giving the time and day of such survey. It is made clear that no other part except the land of the petitioner which is adjoining to the present road is required to be surveyed by the surveyor. After the survey, the copy of the report may be furnished to the petitioner for his use. If the petitioner despite receipt of the notice for the survey remains absent on the appointed day and time, the survey shall be carried out in his absence. In that event, no request for further survey shall be entertained. 8. Thus this petition stands allowed to the extent as indicated above. There shall be no order as to costs. If the petitioner despite receipt of the notice for the survey remains absent on the appointed day and time, the survey shall be carried out in his absence. In that event, no request for further survey shall be entertained. 8. Thus this petition stands allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to the counsel for the parties.