Manirul Mandal And ORS v. State Of West Bengal And ORS.

19.05.2023.

Court No.13 Item No. 30 pk W.P.A. No. 7805 of 2022 With CAN 1 of 2023 Manirul Mandal and others

Versus

State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna ...For the petitioner.

Mr. Sudipto Panda, Mr. Subrata Ghosh ... For the State.

In Re: CAN 1 of 2023 (Restoration)

1. Sufficient grounds are available to explain the absence of the petitioner and/or his Counsel on 03.04.2023.

2. The said order is recalled and the writ petition is restored to its original file and number.

3.

Accordingly, CAN 1 of 2023 is disposed of.

4.

There will be, however, no order as to costs.

In Re: W.P.A No. 7805 of 2022

1. The writ petitioner seeks intervention of the Police in evicting unauthorised persons from his land.

2. According to the petitioner, the private respondents have constructed a building on the land.

3. The report of the Police indicates that two storied building has been standing there for about 35 years. There is a complaint registered as FIR against the petitioner for obtaining forged documents in respect of the property. Investigation is on in respect of FIR No. 169 of 2022.

4. This Court is of the view that the writ petitioner is guilty of suppression of material facts.

5. The Matia Police shall ensure that there is no breach of peace in the area.

6. This writ petition is thus dismissed with costs assessed at Rs.5,100/- payable by the petitioner to the Matia Police Station

7. 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.)