Parimal Patra And ORS. v. State Of West Bengal And ORS.

September 5, 2023 AD 31 Court No.14 SG WPA 19108 of 2023 Parimal Patra and others vs.

The State of West Bengal and others .

Mr. Anjan Bhattacharya Mr. Sandip Kumar Mondal Ms. Anita Shaw Ms. Riya Das ... for the petitioners Mr. Ansar Mandal Ms. Jyotsna Roy Mukherjee ... for the State Mr. Gourab Kumar Nath ... for the respondent Nos.4 & 5 Affidavit of service filed in Court is taken on record. A report filed by the State is also taken on record. Learned advocate for the petitioners submits as follows. The petitioners inherited the landed property in question from their father, who was the original owner. They have been cultivating the land for quite sometime. However, the private respondents have been disturbing the peaceful possession of the petitioners in respect of such property. The petitioners sought police protection, but was denied the same.

Learned advocate for the private respondents submits as follows. A portion of the property originally held by the petitioners' predecessor was contested. Thereafter some portion of such land was allotted to the private respondent Nos.4 and 5. The private respondents

are not at all disturbing the petitioners in their peaceful possession of their remaining land.

Learned advocate for the State relies on the report and submits that the police have already taken steps on the complaint filed by the petitioners and initiated a proceeding under Section 107 Cr.P.C. in 2023. It appears that there are rival contentions regarding ownership of at least some portion of the land in question. However, it is also admitted by learned advocate for the private respondents that they are not disturbing the petitioners in their peaceful possession of the remaining land.

Therefore, no further order need be passed in this regard.

The police authorities shall keep a vigil at the locale and ensure that no breach of peace takes place and no order of a civil court is violated.

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

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

[ Jay Sengupta, J. ]