Goutam Mondal v. The State Of West Bengal And ORS.

05.03.2025 WPA 3763 of 2025 Sl.No.

Court No. 35 Goutam Mondal -VsThe State of West Bengal & Ors.

G.S.Das Mr. Asit Kr. Bhattacharya ... for the Petitioner(s) Mr. Suman Sengupta, ld. Sr. Govt. Adv.

Mr. Sankar Halder ... for the State-respondent(s) The petitioner alleged that attempts have been made by some of the miscreants to dispossess him from the property which he is enjoying pursuant to the approval of the Panchayat.

It is also stated in the representation made to the Inspector-incharge of Gangarampur P.S. that the petitioner and other villagers have been staying in the said property for a considerable period of time.

The main grievance of the petitioner is against the private respondent no.4.

Mr. Sengupta, learned advocate for the State, opposes the manner in which the writ petition has been preferred, particularly, with regard to the writ petition being affirmed by a different person without the authority of the present petitioner.

State has submitted a report which reflects that an enquiry has been conducted and the police authorities have exercised their powers adhering to the provisions keeping in mind that the nature of the dispute is a private dispute.

In view of the aforesaid, if the petitioner is aggrieved, he would be at liberty to approach the jurisdictional court - be it civil and/or criminal and the concerned court would assess regarding the genuinity of the accusations as also as to whether any cognizable and/or noncognizable offence is made out, thereafter, exercise its direction in accordance with

law.

The learned court would also assess before passing any direction whether there has been any Notification and/or circular and/or government order passed in respect of the property which the petitioner has been enjoying.

With the aforesaid observations, WPA 3763 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)