Sachindranath Mondal And ORS. v. Animesh Da And ORS.

In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 19.12.2024 SL 350 Court No. 14 BP CPAN 1265 of 2024 IN WPA 15938 of 2024 Sachindra Nath Mondal & Ors.

vs.

Animesh Da & Ors.

Mr. Mohinoor Rahaman.

Ms. Maria Rahaman.

Ms. Iqra Rahaman.

... For the petitioners.

Mr. Nirmalendu Bera.

Mr. Hiranmoy Dutta.

..For the Alleged Contemnor Nos 2 to 9.

Mr. Wasim Ahmed.

Mr. Haroon-al-Rasheed.

... For the State.

1.

Learned advocate for the petitioners asserts that the private respondents have forcefully entered into their land and cultivating the same in violation of the orders passed by the Court.

According to the private respondents they are cultivating the portion of the land which is in their possession.

2.

Learned advocate representing the official contemnors submits, upon instruction that, the police is unable to identify the land of the parties as the same is not demarcated.

It has been submitted that the police have take steps in response to the complaint filed by the petitioners.

3.

Upon hearing the parties, the Court is of the considered opinion that the police will not be the competent authority to decide or identify the portion of land which the petitioners are occupying.

4.

A civil suit in between the parties is pending consideration before the learned Trial Court. 5.

It will be open for the petitioners to seek appropriate remedy before the learned Trial Court.

6.

The contempt application stands disposed of.

7.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)