Jagadish Chandra Naskar And ANR v. State Of West Bengal And ORS.

27.07.2021 Ct. No. 8 sdas W.P.A 11756 of 2021 Sri Jagadish Chandra Naskar & Anr.

Vs.

The State of West Bengal & Ors.

(Via Video Conference) Mr. Dilip Kumar Shyamal ..... for the petitioners Mr. Amitesh Banerjee Ms. Ipsita Banerjee ......for the State The petitioners complain of police inaction.

Learned advocate appearing for the petitioners submits that despite a partition the private respondent is making construction which is illegal. Learned senior advocate appearing for the State submits that the complain of the petitioners was enquired into and it revealed that the disputes are between brothers in relation to an immovable property.

In the present facts of the present case, it appears that there are disputes between the private respondents with regard to an immovable property. The disputes are civil in nature.

It is claimed by the petitioner that the construction made by the private respondents is illegal. It is for the petitioners to establish such fact

before a appropriate forum. A Writ Court need not enter into such issue neither the police can be called upon to decide whether the construction is illegal or not. It will depend upon the title of the property also. Under such circumstances, there is no merit in the present writ petition.

Accordingly, the writ petition being WPA No.

11756 of 2021 is dismissed without any order as to costs.

(Debangsu Basak, J.)