Sanat Kumar Mondal v. State Of West Bengal And ORS.

15.09.2022.

Item No. 15.

Court No.13 ap W.P.A. No. 6333 of 2022 Sri Sanat Kumar Mondal & Ors.

Versus

The State of West Bengal & Ors.

Mr. Nilanjan Adhikari.

..For the petitioners.

Mr. Jit Ray, Mr. Niladri Khanra.

....For the private respondent no.13.

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

The petitioners complain that the private respondents are interfering with the construction of boundary wall in their land.

The petitioners have applied for posting of police picket under Section 13 of the Police Act, 1861. Counsel for the private respondents appears before this Court and submits that the petitioners' land is not demarcated. It is also submitted that the petitioners and the private respondents may be coowners of the same property with independent title. Since there are some disputes with regard to the demarcation of the land, the petitioners may approach the appropriate Civil Court for ascertaining their civil rights against the private respondents.

The police shall abide by any order that may be passed by the Civil Court in this regard.

Gosaba Police Station shall, however, ensure that there is absolutely no breach of peace in the area. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)