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Calcutta High CourtWPA/9081/2022disposed

Ansar Ali Mondal Alias Ansar Mondal And ORS v. State Of West Bengal And ORS.

2023-02-09Hon'Ble Justice Rajasekhar Mantha2 pages

09.02.2023.

Court No.13 Item No. 20 pk W.P.A. No. 9081 of 2022 Ansar Ali Mondal alias Ansar Mondal and others

Versus

The State of West Bengal & Ors.

Mr. Partha Chakraborty, Ms. Paulomi Dutta ...for the petitioners.

Mr. Sandeep Prasad Shaw, Mr. Anupam Some, Mr. Subhra Banikj Chowdhury ... for the respondent nos. 4 to 7.

The writ petitioners claim that the private respondents are preventing them from entering into and enjoying their property. The petitioners claim that they have entered their names in the records of the BL & LRO concerned.

Admittedly, both the petitioners and the private respondents are co-sharers.

The extent and entitlement of the parties has not been determined by any authority constituted under the law.

This Court is of the view that the mutual rights and extent of the shares of the parties and devolution of title must be determined in accordance with law by an appropriate civil or statutory forum.

The O. C., Tapan Police Station shall ensure that there is no breach of peace in the area and shall abide by any order that may be passed by the civil court or statutory forum in this regard.

With the aforesaid observation, the instant writ petition is disposed of.

There will be no order as to costs.

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.)