Aklima Mondal And ORS v. State Of West Bengal And ORS.

07.05.2024 Court No. 35 D.Hira WPA 12706 of 2023 Aklima Mondal & Ors.

Vs.

State of West Bengal & Ors.

Mr. Younush Mondal, Mr. Aniruddha Tewari.

... for the petitioners Mr. Malay Kumar Singh, Mr. Tapas Ballav Mondal.

... for the State Mr. Dhananjay Banerjee, Ms. S. Das ... for the respondent Nos. 15 & 17

1. A part of property that belonged to the predecessors in interest of the writ petitioners and was earlier relinquished in favour of the respondent no. 13, has been desired to be developed. The petitioners are aggrieved that in doing so, the respondent nos.

and 15/developers in connivance with the respondent Corporation, have got a plan sanctioned for construction over the part of land now owned by the petitioners by inheritance. They are also aggrieved due to the alleged illegal activities of the respondent/Corporation. As to how a sanctioned plan can be issued in favour of the respondent no. 13 over the plot of land which actually does not belong to her but the writ petitioners.

2. Considered the submissions made on behalf of the writ petitioners and the averments made in the writ petition.

3. It has been submitted that the property is still not partitioned between the respective shareholders.

4. It appears to be clearly a title related dispute and civil in nature, for which this Court finds no scope for interference by it, in exercise of the power under Article 226 of the Constitution of India.

5. The writ petition being WPA 12706 of 2023 is thus dismissed.

6. The writ petitioners are at liberty to take steps as permitted under the law, to redress their grievance, if any.

7. Urgent Photostat certified copy of this order duly downloaded from the official website of this Court upon compliance all legal formalities.

(Rai Chattopadhyay, J.)