Swapan Kumar Mitra And ORS. v. State Of West Bengal And ORS.

WPA 94 of 2024 Swapan Kr. Mitra & Ors.

Vs.

State of West Bengal & Ors.

Mr. Supratim Dhar, Mr. D. Das, Mr. Tirupati Mukherjee ...for the Petitioner Mr. Pritam Chowdhury, Ms. Debleena Dasgupta ...for the State Mr. Syed Chandan Hossain ...for Respondent Nos. 6 to 10 Mr. Uday Sankar Chattopadhyay, Ms. Rajashree Tah, Mr. Trisha Rakshit, Mr. Aishwarya Datta ...for Respondent No. 5 22-02-2024 AKG Ct. 238 Let the report filed by respondent no. 4 be kept with the records.

The petitioner alleges police inaction. It has been submitted by the petitioner that he is a co-sharer in respect of a land classified as pond, situated at Ajhapur, P.S. - Jamalpur, District- Bardhaman. Respondent no. 5 is excavating soil from the relevant land denying the coownership of the petitioner. It has been submitted by the learned advocate appearing for respondent no. 5 that he has undertaken the excavation work upon deposit of required fees with the relevant Block Land & Land Reforms Officer. It appears that the petitioner has already approached the Civil Court seeking injunction and the civil suit is pending.

It has not been shown before this Court that there

is any injunction from a Civil Court.

Having regard to the fact that the disputes between the parties are purely civil in nature. I do not see any reason to interfere at this stage.

Accordingly, WPA 94 of 2024 is dismissed.

This dismissal of the writ petition will not preclude of the petitioner from ventilating his grievance before the Civil Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)