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Calcutta High CourtWPA/10382/2025disposed

Paban Mondal And ORS. v. The State Of West Bengal And ORS.

2025-05-19Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 10382 of 2025 Paban Mondal & Ors.

VS The State of West Bengal & Ors.

Mr. P. K. Adhikari, Mr. S.K. Adhikari, Mr. Debdeep Adhikari.

...for the petitioners.

Mr. Prasanta B., Mr. Ritesh Kr.Ganguly,, Ms. Attri Roy.

...for respondent nos. 5 to 7.

Mr. Swapan Banerjee, Ld. AGP, Mr. Soumen Chatterjee.

...for the State.

Affidavit-of-service filed by the petitioners be kept 19.05.2025 Court No. 35 Item No.159 Rakib with the record.

Petitioners complain that there has been impersonification, and forged/fake documents prepared in respect of the property which was inherited by the petitioners. Inspite of informing the police authorities no steps have been taken.

State has submitted a report. Report reflects that two civil cases being T.S. 368/09 and T.S. 369/09 are pending. Proceedings have also been pending before the W.B.L.R.T.T. Petitioners claim that in none of the litigations petitioners were a party.

On the other hand learned advocate appearing for the private respondents submit that petitioners'

forefathers participated in the proceedings.

Be that as it may, I have considered the report which has been submitted, however, the petitioners also

claim that there are photostat copies in their possession to substantiate that the property has its genesis for which the petitioners can raise their claim.

Petitioners, if they have documents in their custody would approach the jurisdictional Magistrate under the relevant provisions of law. Learned Magistrate would consider the veracity of the documents, conduct an enquiry and thereafter would proceed as he deems fit and proper.

Needless to state that, this Court has not entered into the merits of the case and the learned Magistrate would act independently as he deems fit and proper. With the aforesaid observations WPA 10382 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)