Sk. Golam Kibriya v. State Of West Bengal 7 ORS

01.08.2022 Court No. 19 Item no.321 CP W.P.A. No. 17739 of 2019 Sk. Golam Kibriya Vs.

The State of West Bengal & ors.

Mr. Prosanta Kumar Pakrashi Ms. Ankita Mitra ...for the petitioner.

Affidavit of service is taken on record.

The petitioner alleges that the respondent no. 4 had forcefully constructed a bamboo fencing on the land of the petitioner. A prayer has been made for a direction upon the police authorities to remove such bamboo fencing thereby permitting the petitioner to enjoy the land in question.

Such prayer cannot be allowed. The writ court cannot be transformed into a civil court to adjudicate the rights and title of the parties. Such prayer shall be available before a civil court.

However, the police authorities shall keep a strict vigil and ensure that law and order is maintained and the petitioner is neither threatened nor caused any harm.

The writ petition is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)