Rasida Bibi And ORS v. The State Of West Bengal And ORS.
13.10.2023 A.G.M.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 6626 of 2022 Rasida Bibi & Ors.
-versus The State of West Bengal & Ors.
Mr. Prantick Ghosh Mr. Prasad Bhattacharya Mr. Hirak Roy ...For the Petitioners.
Affidavit-of-service filed in Court today is taken on record.
The petitioners are aggrieved by the act of the Bagjola Gram Panchayat in insisting the petitioners to settle a portion of the land in favour of the school. The petitioners submit that the matter is pending consideration before the Block Land and Land Reforms Officer, Baduria. The panchayat is illegally interfering with the matter and pressing the petitioners to settle the said land in favour of the school authority. The petitioners are not interested in any type of settlement at the instance of the panchayat.
None represents the panchayat.
As it appears that the issue in question is pending adjudication before the Block Land and Land Reforms Officer and the matter relates to dispute with regard to title of the land in question, accordingly, the
panchayat will not be the competent authority to adjudicate the dispute. The Panchayat is, accordingly, restrained from interfering with the subject land of the petitioners in any manner whatsoever.
It will be open for the parties to approach the competent forum including the civil Court for declaration of right, title and interest in the subject property.
Misc. Case No. 11 of 2021 was heard by the Block Land and Land Reforms Officer, Baduria on several occasions. Final order is yet to be passed. The Block Land and Land Reforms Officer is directed to conclude the matter which is pending adjudication for a considerable of time and pass reasoned order at the earliest but positively within a period of ninety days from the date of communication of this order. The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)