Md Emam Uddin Saikh@Imamuddin And ANR v. State Of West Bengal And ORS.

16.04.2021.

d.p.

W.P.A 6644 of 2021 (Via Video Conference) Md. Emam Uddin Saikah @ Imamuddin & Anr.

-versus The State of West Bengal & Ors.

Mr. Ramashis Mukherjee.

...For the Petitioners.

Mr. Raharshi Basu, Mr. S.t. Mina.

...For the State.

Mr. Saiful Alam.

...For the Respondent No.9.

The petitioners' allegation is that the private respondent is running a crusher on the land in question without obtaining any permission from the competent authority.

The learned advocate appearing for the respondent No.9 denies the submission of the petitioners.

It has been submitted that the land in question is a Barga land and cultivation is going on over the said plot of land.

It has further been submitted that the private respondent does not have a crusher and never applied for permission for running the crusher.

The learned advocate appearing for the State respondents submits, upon instructions, that the

dispute in between the parties is completely civil in nature. The petitioners have a problem with their ingress and egress to their plot of land.

Upon hearing submissions made on behalf of the parties, it appears that neither the writ court nor the Panchayat authority is the appropriate forum to deal with the issue raised by the petitioners.

The dispute between the parties is absolutely private and civil in nature. Moreover, there are highly disputed questions of facts. The same cannot be looked into by the writ court.

In view of the above, the instant writ petition stands dismissed.

The petitioners may approach the appropriate forum, for redressal of their grievances, if so advised. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)