Asit Chowdhury And ANR v. State Of West Bengal And ORS.

13.06.2023.

Court No.13 Item No. 20 ap W.P.A. No. 4936 of 2023 Sri Asit Chowdhury & Anr.

Versus

The State of West Bengal & Ors.

Mr. Srijib Chakraborty, Mr. Sougata Mitra, Mr. Rameshwar Sinha, Ms. Ankita Dey, Ms. Soma Chakraborty.

...For the petitioners.

Mr. Tapas Kumar Mondal.

..For the State.

Mr. Supratim Dhar, Mr. Kunal Ganguly.

...For the respondent nos.4 to 10.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioners claim inaction on the part of the police in assisting him to construct a boundary wall on their premises.

3. The petitioners claim to be in possession of the property for the last two decades.

4. The petitioners rely upon the report of the Block Land & Land Reforms Officer, Raghunathpur-I, Purulia as also the observations of the Executive Magistrate, Raghunathpur under Section 144(2) of the Code of Criminal Procedure.

5. The private respondents are represented.

6. Counsel for the private respondents disputes the possession as well as title of the petitioners' property.

7. In the backdrop of the above, this Court is of the

view that the police cannot enter into any civil disputes between any parties. The petitioners may have a good case in law based on the report of the Block Land & Land Reforms Officer, Raghunathpur-I, Purulia. The same must, however, be tested before an appropriate civil or statutory forum.

8. The private respondents claim to be Patta holders of the land in question.

9. In those circumstances, this Court is of the view that the petitioners and/or the private respondents must approach an appropriate civil or statutory forum for the purpose of redressal of their grievances. 10.

Raghunathpur Police Station shall, however, ensure that there is absolutely no breach of peace in the area.

11.

With the aforesaid directions, the instant writ petition shall stand disposed of.

12.

There will be no order as to costs.

13.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)