← Library
Calcutta High CourtWPA/11877/2024dismissed

Saraban Kalindi And ORS. v. State Of West Bengal And ORS.

2025-12-03Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Ajay Kumar Gupta2 pages

WPA 11877 of 2024 A588 03-12-2025 AKG Ct. 15 Saraban Kalindi & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Lalratan Mondal, Mr. Dilip Kumar Sadhu ...for the Petitioners Mr. Lal Mohan Mahata, Mr. Prasanta Behari Mahata ...for the State Let the report filed by the State be kept with the records.

This Court does not find the present writ petition to be bona fide. The petitioners allege unauthorized construction by respondent nos. 8 to 20 on Plot No. 1088, J.L. No. 42, under Mouza Koshangi, P.S. Joypur, District Purulia. It appears that the petitioners are patta holders in respect of a portion of the relevant land. The police report filed before this Court indicates that respondent nos. 8 to 20 had constructed their residential houses even before the petitioners were granted the patta.

There is an additional ground for dismissing this writ petition. It appears that the writ petitioners had earlier filed WPA 20801 of 2023 (Saraban Kalindi and Ors. vs. The State of West Bengal & Ors.) raising the same allegations. A Coordinate Bench of this Court, by an order dated September 22, 2023, disposed of the said writ petition observing as

follows:

"It appears that there exists a dispute between the parties. If any of the parties seek any further claim in respect of the said property, the same has to be done before the civil court."

In view of the aforesaid, there is no justification for entertaining a second writ petition containing a self-same prayer.

Accordingly, WPA 11877 of 2024 stands dismissed. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)