Sudeshna Patra v. State Of West Bengal And ORS.

22.05.2023 Ct. No. 7 Rup/adeb W.P.A. 10654 of 2023 Sudeshna Patra Vs.

The State of West Bengal & Ors.

Mr. Bharat Bhushan Mr. Atindranath Misra ...for the petitioner Mr. Bipin Ghosh Mr. Jahar Dutta ...for the State The petitioner has alleged the private respondent nos. 7 and 8 have encroached upon the property of the petitioner and have started making construction in a portion of the property of the petitioner.

The petitioner claims to have filed an application under Section 144 of the Criminal Procedure Code and have approached various statutory authorities with regard to his allegation that the private respondents have encroached upon a portion of their property.

Since the dispute is with regard to encroachment of the immovable property of the petitioner, such issue cannot be decided by this Court sitting under Article 226 of the Constitution of India. The authorities before whom the representations have been made ventilating the grievance of encroachment of immovable property also cannot decide such issue.

The writ petition accordingly stands dismissed.

Petitioner is left free to avail of the remedies in accordance with law.

(Hiranmay Bhattacharyya, J.)