Kripasindhu Mahato v. The State Of West Bengal And ORS.

D/L 5 14.08.2025 Bpg.

ct.no.35 W.P.A.17468 of 2025 Kripasindhu Mahato

Versus

State of West Bengal & Ors.

Mr. G.C. Patra.

...for the petitioner.

Mr. Suman Ghosh Mr. Arka Mondal.

...for the State-respondents.

Ms. Sulekha Mitra Mr. Manas Kumar Das.

...for the respondent nos.6 to 10.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner has approached this Court as the private respondents are allegedly creating obstruction in cultivation of the land. Petitioner claims that the petitioner inherited the property and in the C.S. records till date the name of the forefathers of the petitioner are appearing.

Learned advocate for the State has submitted a report. Report reflects that a long standing land dispute is existing. To that effect, learned Civil Judge (Junior Division), Purulia is in seisin of T.S. No.294 of 1999 and against which the Title Appeal No.59 of

2004 has been filed. Police authorities have drawn up proceedings under Section 126 of the BNSS.

Learned advocate for the respondent no.6 to 10 submits that they have a decree in their favour and the petitioner's contention regarding the ownership of the property is incorrect.

So far as the right, title, interest and user of any property is concerned, it would be for the civil court to adjudicate the same and if there is any breach of the said order, it would be for the civil court itself to pass necessary directions. Police authorities would not interfere with the same, except to the extent that if there is any violation of law and order, police authorities would ensure that the same is not blown out of proportion.

With the aforesaid observations, WPA 17468 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)