Nemai Chand Ghosh & ORS v. State Of West Bengal & ORS

08.12.2022 Court No.13 Item No.463 AP WPA 6356 of 2020 With IA NO: CAN 1 of 2020 (Old No: CAN 4907 of 2020) Sri Nemai Chand Ghosh and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Partha Pratim Roy Mr. Dyutiman Banerjee ... For the Petitioners.

Mr. Chandi Charan De Mr. Anirban Sarkar ... For the State.

The writ petitioners are aggrieved by the fact that notwithstanding a decree of the Civil Court in his favour the respondents are disturbing his possession and creating disturbances.

Admittedly, the writ petitioners sought to enforce the order of the Civil Court before the Block Land and Land Reforms Officer, Krishnagunj.

By an order dated 30th August 2018, the Block Land and Land Reforms Officer, Krishnagunj, has declined to comply with the order of the Civil Court.

The writ petitioners preferred an appeal before the WBLRTT, which is now pending.

Until appropriate orders are passed by the WBLRTT, it would be premature, if not illegal, for any direction on the police to enforce any order in respect of the land in favour of the petitioners.

In those circumstances, reserving right to the writ petitioners in the pending appeal before the WBLRTT, the writ petition shall stand disposed of without any order.

In view of the disposal of the main writ petition, connected applications, if any, shall also stand disposed of. There shall 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.)