Sukumar Sikari And ANR v. State Of West Bengal And ORS.

04.04.2022.

Item No. 45.

Court No.13 ap W.P.A. No. 18940 of 2021 Sukumar Sikari & Anr.

Versus

The State of West Bengal & Ors.

Mr. Kazi Sajjad Alam.

...For the petitioners.

Mr. Jishnu Chowdhury, Mr. Sutanu Chakraborty.

...For the State.

Mr. U. K. Jana.

...For the respondent nos.6 to 9.

The writ petitioners are aggrieved by the fact that the private respondents have forcefully evicted them from their land of which they are the Bargadars. The Officer-in-charge, Goghat Police Station, Hooghly has filed a report in the form of instructions dated 6th December, 2021 addressed to the learned Government Pleader which is taken on record.

It appears from the said report that the petitioners had approached the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 2489 of 2015 (LRTT) for correction of record of right. It further appears from the said report that the West Bengal Land Reforms and Tenancy Tribunal has directed the Block Land and Land Reforms Officer, Goghat-I by an order dated 15th March, 2018 to consider the petitioners' representation and dispose of the same and the same is still pending.

The petitioners thereafter approached the local Magistrate for orders under Section 144 of the Code of

Civil Procedure. The learned Magistrate had directed the Goghat Police Station to ensure that there is no breach of peace in the area.

Since the matter is pending before the Block Land & Land Reforms Officer, Goghat-I, the petitioners' remedy is to obtain appropriate orders from the said B.L.&L.R.O, and thereafter take steps before the West Bengal Land Reforms and Tenancy Tribunal or any other Authority in accordance with law.

No relief can be granted to the writ petitioners in the instant writ petition. However, the Officer-incharge, Goghat Police Station, shall ensure that there is no breach of peace in the area and shall continue to maintain a strict vigil thereat.

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

There will be no order as to costs.

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

(Rajasekhar Mantha, J.)