Dwadaspally Yuba Sangha Repd By Secretary And Another v. State Of West Bengal And ORS.

06.07.2021 Ct. No.13 Sl. No.19 pk/akd W.P.A. 10647 of 2021 [via video conference] [Dwadaspally Yuba Sangha & Anr. -Vs- The State of West Bengal & Ors.] Mr. Tapas Kumar Mondal ... ... for the petitioners Mr. Amitesh Banerjee Ms. Ipsita Banerjee ... ... for the State It is submitted by the learned counsel for the petitioners that they are in possession of a particular plot of land which is being used as sports ground. The private respondent nos.8 & 9 claim that they have purchased the said property. Learned counsel for the State submits that the names of the private respondents/claimants have not yet been mutated in respect of the land in question.

The petitioners, in the meantime, have moved the 2nd Court at Alipore under Section 144 of the Code of Civil Procedure. The next date of the case is 9th July, 2021. It is submitted by the State that the construction activity initiated by the private respondent nos.8 & 9 has since been stopped. The police shall continue to maintain vigil and ensure that there is no breach of peace in the area. The writ petitioners and the private respondent nos.8 & 9 may thrash out the issue of title and possession in respect of the said land before a civil forum. It is made clear that the Court has not entered into the rival claims of the parties in respect of the land in question. With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)