Nitai Chand Halder And ORS v. State Of West Bengal And ORS.

05.12.2022.

Court No.13 Item No.31 pk WPA 20547 of 2022 Sri Nitai Chand Halder and others

Versus

State of West Bengal & Ors.

Mr. Sourav Guhathakurta, Ms. Sarda Sha, Ms. Prabhleen Bharara, Ms. Nilanjana Sarkar, Mr. Sourav Sardar, Ms. Pinki Dey ...For the petitioners.

Mr. Amitesh Banerjee, Mr. Ipsita Banerjee, Mr. Suddhadev Adak ... for the State.

The writ petitioners claim that they are facing difficulty in construction of boundary wall around their lands. They have made complaint to the Kasba Police Station. The police have remained silent. It appears to this Court that the demarcation of the petitioners' property cannot be decided by the Writ Court or the police. The petitioners have not named any persons, who are obstructing them except for vague allegation of an incident in the year 2007. In the event of any obstruction by any third party against the petitioners' enjoyment of the property-in-question, the petitioners may approach the Civil Court.

This Court does not find any material evidence in the writ petition of any obstruction by any

particular identified named persons. The prayers made in the writ petition are even otherwise too generic in nature and cannot be entertained.

In those circumstances, reserving rights of the petitioners to approach an appropriate forum with regard to their rights in respect of the property-inquestion, the writ petition is disposed of. There shall be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)