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Calcutta High CourtWPA/938/2022disposed

Alpana Patra And Another v. State Of West Bengal And ORS.

2022-06-29Hon'Ble Justice Shampa Sarkar2 pages

29.06.2022 Sl. No.164 ss W.P.A. 938 of 2022 ,, Alpana Patra & anr.

Vs.

The State of West Bengal & ors.

Mr. Bhagbat Chaudhuri Sk. Taslim Ali ... for the petitioners Mr. Sudipto Panda Mr. Subrata Ghosh ... for the State <, Affidavit of service filed in Court, is taken on record.

This writ petition is a misconceived one. The petitioners have prayed for a blanket injunction upon all the respondents (Government officials) from disturbing the petitioners' possession.

It is not a case where some private parties are disturbing the possession of the petitioners. No allegation of commission of a cognizable offence has been made. There are no allegations against the police authorities.

On the contrary, the petitioners submit that the petitioners are apprehensive that the State authorities shall take away possession, forcefully without following the due process of law.

The police authorities have submitted a report from which it appears that factum of

possession of the petitioners is admitted. The allegations of the petitioners have been denied. Under such circumstances, no order can be passed in this writ petition.

This order shall not have any impact on the proceeding, which is pending, with regard to the land in question.

With the above observation, this writ petition is disposed of.

All parties are to act on the basis of website copy of this order.

(Shampa Sarkar, J.)