Niranjan Pramanik v. The State Of West Bengal And ORS.

04-01-2022 ct no. 13 Sl. 17 sp WPA 17285 of 2021 (Through Video Conference) Sri Niranjan Pramanik -VersusThe State of West Bengal & Ors.

Ms. Sharmistha China, Mrs. Puja Mondal ....for the petitioner Mr. A.K. Guha, Mr. Jayak Gupta ...for the State/respondents Mr. S.T. Mina, Mr. I.A. Mina, Mr. Pratick Sardar ...for the respondent nos. 4 to 12 The writ petitioner is aggrieved by alleged inaction of the Tapan Police Station. It appears from the records that a complaint has been lodged on September 9, 2021 as regards assault and other actions of the private respondents against the writ petitioner.

The dispute is with regard to recording of the name of the writ petitioner in respect of certain land by the office of the B.L. & L.R.O. Both the writ petitioner and the private respondents claim title to the said land. The writ petitioner complains that the private respondents are obstructing the harvest of crops on the subject land.

The Tapan Police Station has submitted a report in the form of instructions dated November 1, 2021 to the Government Advocate.

It appears from the report that pursuant to the petitioner's complaint, proceedings under Section 107 of the Cr. P.C. have been taken out. The other disputes between the petitioner and the private respondents are primarily civil in nature. Proceedings have also been initiated for rectification of records before the B.L. & L.R.O. The petitioner may pursue and/or take out proceedings, inter alia, under the provisions of the West Bengal Land Reforms Act, 1955 before the appropriate forum.

The Officer-in-Charge, Tapan Police Station shall, however, ensure that there is no breach of peace in that area and shall continue to maintain regular vigil thereat.

With the aforesaid observations, the writ petition is disposed of.

Since the private respondents have not used any affidavit, the allegations made in the writ application shall not deem to have been admitted by this Court.

There shall be no order as to costs.

The report of the Tapan Police Station dated November 1, 2021 is kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)