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Calcutta High CourtWPA/2928/2025disposed

Saifuddin Akunji And ORS. v. The State Of West Bengal And ORS.

2025-02-17Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 58 17.02.2025 Bpg.

ct.no.35 W.P.A.2928 of 2025 Saifuddin Akunji & Ors.

Versus

The State of West Bengal & Ors.

Md. Younush Mondal.

...for the petitioners.

Ms. Sonal Sinha Mr. Amrit Lal Chatterjee ...for the State-respondents.

Md. Shahjahan Hossain Ms. Sanjida Sultana Mr. Prithwiraj Biswas.

...for the private respondent nos.6 to 8.

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

Petitioners claim that their property is being encroached and to that extent, the private respondents with the aid of the police authorities are trying to demolish the property.

Learned advocate for the State has submitted a report. Report reflects that there has been a long standing history of the land-in-question and the West Bengal Land Reforms Tenancy Tribunal has interfered, actions are being taken pursuant to the directions passed by the Tribunal.

Learned advocate for the private respondents submits that they have been able to establish their right and accordingly they have sought for assistance of the police authorities.

Be that as it may, police authorities are directed to act according to the directions passed by the appropriate authority concerned and not to exercise any excess. If there are directions of the learned Tribunal, police authorities, until and unless the same is set aside by the appropriate higher forum, would respect, obey and implement the order of the Tribunal.

With the aforesaid observations, WPA 2928 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

Needless to state that since no affidavit has been called for from the respondents, the accusations made 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.)