Jayanta Mondal v. State Of West Bengal And ORS.

15.07.2021 Ct. No.13 Sl. No.69 pk/akd W.P.A. 10995 of 2021 [via video conference] [Jayanta Mondal -Vs- The State of West Bengal & Ors.] Mr. Sobhan Majumder ... ... for the petitioner Mr. Sajal Pandit Mr. Raja Saha Mr. Subhabrata Das Mr. Mahim Sasmal ... ... for the State The petitioner complains that the private respondents are converting standing crop on his land and despite having lodged a complaint with the Sunderban Coastal Police Station, no steps are being taken.

Learned counsel appearing for the State produces instructions of the Officer-in-charge, Sunderban Coastal Police Station, Baruipur Police District dated 15th July, 2021. The same is kept with the record.

It is submitted that there is a long standing dispute between the petitioner and the private respondents as regards the title to the land in question. There are allegations made by both sides against one another for having illegally obtained the documents from the concerned BL&LRO. A complaint appears to have been addressed by the petitioner before the BL&LRO. It appears to this court that the dispute between the petitioner and the private respondents is primarily civil in nature. As to who has title to the property and who has cultivated the crop cannot be decided either by the police or the writ court and have to be decided by a Civil Court or a Statutory forum.

For the reasons discussed hereinabove, the writ petition shall stand dismissed.

The Officer-in-charge, Sunderban Coastal Police Station is directed to ensure that there is no breach of peace in the area. Parties may have their disputes decided before an appropriate civil court or any authority constituted under the Statute.

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.)