Kshitish Ch. Roy v. State Of West Bengal And ORS.

25.11.2022.

Court No.13 Item No. 407 ap W.P.A. No. 5867 of 2021 Sri Kshitish Chandra Roy

Versus

The State of West Bengal & Ors.

Mrs. Sankari Roy.

...For the petitioner.

Mr. Soumitra Bandyopadhyay, Mr. Priyabrata Batabyal.

...For the State.

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

The petitioner complains of alleged inaction on the part of Kalyani Police Station.

It is submitted that the petitioner has been cultivating the land of the private respondent no.8 for more than 40-45 years and they are, however, not recorded as Bargadar.

The private respondent no.8 has constructed a boundary wall to prevent the petitioner's entry. This Court is of the view that the remedy of the petitioner is before an appropriate Civil Court for establishment of civil right.

Officer-in-charge, Kalyani Police Station shall ensure that there is absolutely no breach of peace in the area.

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

There will be no order as to costs.

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.)