Arjun Das v. State Of West Bengal And ORS.

S/L 336(ML) 07.07.2022 Court. No. 19 GB WPA 15742 of 2021 With CAN 1 of 2022 (Application not in file) With CAN 2 of 2022 Sri Arjun Das VS The State of West Bengal & Ors.

Mr. Salil Kumar Maity.

... for the Petitioner.

Mr. Subhabrata Datta, Mr. Sanatan Panja.

... for the State.

Mr. Purnendu Das.

... for the Respondent Nos.5 to 15.

The dispute is over ownership and possession of certain cultivable lands. The petitioner claims possession on the basis of the record of rights, whereas the respondent nos.5 to 15 have rival claims to title, on the basis of four deeds, allegedly executed by the predecessor-in-interest of the petitioner.

The petitioner alleges that the respondent nos.5 to 15 have been trying to dispossess the petitioner and have also threatened the petitioner with dire consequences. Hence, the petitioner filed a complaint before the concerned police station.

Having heard the rival contentions of the respective parties, this Court is of the view that the parties are to get their title and ownership adjudicated by a civil court. The respondent nos.5 to 15 cannot engage in any unlawful activities over such issue.

The writ petition is disposed of with a direction upon the Inspector-in-Charge, Haroa Police Station to ensure peace and tranquility is maintained. Law and order must be upheld and no untoward incident should take place. The question of right, title, interest and possession with regard to the lands, have not been decided by this Court. Accordingly, the writ petition along with the connected application are disposed of.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)