Gayeswari Jana Pandit v. The State Of West Bengal And ORS.
46. 04.12.2025 jb.
WPA 3762 of 2025 Gayeswari Jana Pandit vs.
State of West Bengal & Ors.
Mr. Achyut Basu Ms. Punam Basu Mr. Srikanta Chakraborty Mr. A. Sengupta Ms. Sulagna Sen .. For the Petitioner Wasim Ahmed Sk Md Masud .. For the State Mr. Jayanta Das Mr. Soumitra Ghosh .. For the Respondent nos. 4 and 5 Exception used by the petitioner to the report submitted by the State is taken on record.
At the outset, learned counsel for the petitioner points out that though the report submitted by the State demonstrates that a copy of the will and report of the BL & LRO, Narayangarh are attached with the report, such copies are not in fact attached.
On merits, the petitioner complains that the private respondents have dispossessed her from the property in question which is owned by her. She lodged a complaint before the police authority in this regard which was not acted upon.
Learned counsel for the private respondents submits that the property was bequeathed to the private respondents and probate of the will has been obtained from the Court of the learned District Judge, Paschim Medinipur under probate proceeding being O.S. no. 2 of 2005. This fact is not disputed. Also, learned counsel for
the private respondents submits that the petitioner approached the Block Land and Land Reforms Officer under Section 50 of the West Bengal Land Reforms Act for incorporation of her name in the records of rights by deleting the name of the private respondents therefrom. Her application has been turned down by an order passed on 24th October, 2024. This fact has been deliberately suppressed by the petitioner in the writ petition. Therefore, it can be inferred that the petitioner has not come before this Court with clean hands and does not deserve any relief.
It prima facie appears that the private respondents are in possession of the property by virtue of the will executed in their favour. In the event the petitioner is aggrieved by the same, she is at liberty to approach the appropriate forum for redressal of her grievance.
In view of the observation recorded hereinabove, the writ petition is dismissed.
There shall be no order as to costs.
Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)