Haripada Das v. State Of West Bengal And ORS.

06.12.2021.

Court No.13 Item No. 31 ap W.P.A. No. 13817 of 2021 (Through Video Conference) Sri Haripada Das

Versus

The State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Nilanjan Adhikari.

...For the petitioner.

Mr. Subhabrata Datta, Mr. Abdus Salam.

...For the State.

Mr. Srijan Nayak, Mrs. Rituparna Maitra.

..For the respondent nos.7 & 8.

Mr. Anath Nath Naskar, Mr. Arkadeb Biswas, Mr. Jayanto Kumar Sanyal.

...For the respondent no.6.

Affidavit-of-service filed in Court today be taken on record.

Counsel for the petitioner submits that the private respondents executed conveyance in respect of a property standing in the petitioner's name, on the basis that the petitioner has died and that they are the petitioner's legal heirs.

A complaint has been lodged to the Serampore Police Station and inaction by the police is complained of.

Counsel for the private respondent nos.7 & 8, Mr. Nayak, submits that the petitioner has already approached the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 1723 of 2021 in respect

of the actions complained of against the private respondents and the subject property.

It is submitted by the Counsel for the State that FIR No.443 of 2021 dated 24th November, 2021 has been registered with the Serampore Police Station under Sections 417/418/419/420/467/468/471 of the Indian Penal Code.

It is ordered that Serampore Police Station shall complete the investigation into the aforesaid FIR and submit a report before the Magistrate concerned within a period of two months from the date of communication of a copy of this order.

Copies of the FIR and the application under Section 156(3) of the Code of Criminal Procedure are kept with the records.

This Court is of the view that the remedy of the petitioner is to pursue the aforesaid original application before the Tribunal and seek appropriate remedies.

Needless to mention that the respondents shall not alienate the property in question during the pendency of the original application pending before the Tribunal.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)