Khuki Rani Biswas And ORS. v. State Of West Bengal And ORS.

04.01.2024 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 3513 of 2023 (Specially Assigned) Khuki Rani Biswas & ors.

-VsThe State of West Bengal & Ors.

Mr. Timir Baran Saha ... for the petitioners Mr. Chandi Charan De Mr. Anirban Sarkar ... for the State Mr. Manas Kumar Das Mr. Asraf Mondal Mr. Aritra Kumar Thokdar ... for the respondent nos.8 & 9 Affidavit of service filed on behalf of the petitioners is taken on record.

This writ petition has been filed by the petitioners under Article 226 of the Constitution of India alleging inaction on the part of the State-respondent to demarcate the land.

Mr. Timir Baran Saha, learned Advocate for the petitioners submits that the petitioners have been granted pattah in the year 2001 and are in possession of the same. However, since the year 2020 the private respondents are disturbing the peaceful possession of the petitioners and are trying to grab the land in question belonging to the petitioners. The petitioners approached

the concerned authority for demarcation of their land, however, the same has not been done. Hence, this writ petition.

Mr. Manas Kumar Das, learned Advocate for the private respondent nos.8 and 9 submits that the entire dispute is civil in nature and as such, the writ petition should be dismissed in limine.

Mr. Anirban Sarkar, learned Advocate for the Staterespondent also submits in the similar fashion. Upon going through the averments made in the writ petition it is found that the dispute by and between the parties is precisely civil in nature.

In view of the above, this writ petition being W.P.A.3513 of 2023 stands dismissed.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

( Bivas Pattanayak, J.)