Smt Gurga Mondal v. State Of West Bengal And ORS.

21.

02.05.2022 S.D.

W.P.A. 15150 of 2021 Smt. Durga Mondal Vs.

The State of West Bengal & Ors.

Mr. Debabrata Sardar ..For the petitioner.

Mr. Partha Sarathi Das Mr. Kaushik Biswas ..For the Respondent Nos. 5 & 6.

Mr. Anjan Dutta ....For the Private respondent.

Considering the complaint made before the Panchayat authorities, the Court finds that allegations of the writ petitioner are that the respondent nos. 7 to 16 have forcefully entered into the premises of the petitioner and have made certain constructions. In the opinion of the Court, the dispute is with regard to title and encroachment.

Neither the Writ Court nor the Panchayat Authorities are authorities under the law, to adjudicate such issues. Under such circumstances, no relief can be granted in the writ petition. The question of unauthorized construction is not gone into as there is no complaint to that effect, before the authority.

The writ petition is disposed of.

However, there will be no order as to costs.

Disposal of the writ petition shall not prejudice to the rights of the parties to approach the appropriate forum in accordance with law.

All the parties are directed to act on the basis of the learned advocate's communication.

(Shampa Sarkar, J.)