Bandi Khatun @ Kerima Bibi v. State Of West Bengal And ORS.

D/L 61 31.01.2025 Bpg.

ct.no.35 W.P.A.1401 of 2025 Bandi Khatun @ Kerima Bibi

Versus

The State of West Bengal & Ors.

Mr. P.K. Bhattacharyay.

...for the petitioner.

Mr. Ashim Kr. Ganguly Mr. Bellal Shaikh.

...for the State-respondents.

Mr. Mrinal Kanti Ghosh.

...for the private respondent nos.4 to 6.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner alleges that the private respondents are interfering and disturbing the peaceful enjoyment of the property as also the cultivation of the land which belongs to her. On the other hand, learned advocate appearing for the private respondents submits the land do not belong to the petitioner and they are in possession and are cultivating the land.

Learned advocate for the State has submitted a report. Report reflects that there is inter se dispute between the family members particularly the present petitioner and the step brothers.

The main grievance of the petitioner is that in spite of informing the police authorities, they are not responding and protecting the interest of the petitioner.

Since right, title and possession are to be decided by the civil court, if there is a dispute relating to possession, parties would be advised to approach the jurisdictional civil court. In the meantime, police authorities would ensure that over the issue relating to property there should not be any breach of peace or tranquility and no untoward incident because of the inimical relationship existing them.

With the aforesaid observations, WPA 1401 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

Copy of the report be handed over to both the parties.

Needless to state that since no affidavits have been exchanged, the accusation in the writ petition are deemed not to have been admitted.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)