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Calcutta High CourtWPA/21262/2025disposed

Kamal Mahato And ORS. v. State Of West Bengal And ORS.

2025-09-17Hon'Ble Justice Tirthankar Ghosh3 pages

WPA 21262 of 2025 Sl.No.

17.09.2025 Court No. 35 Kamal Mahato & Ors.

-VsG.S.Das The State of West Bengal & Ors.

Mr. G. F. Hossain Mr. R. H. Khan ... for the Petitioner(s) Mr. Gourav Das Mr. Sandipan Maity ... for the State-respondent(s) Mr. A. Pal ... for the respondent nos. 10,11,12 The petitioners are aggrieved by the fact that although they claim to be the recorded owners of the plot of land, but, they are being resisted from cultivation and harvesting of crops. To that effect, the petitioners made a representation to the police authorities.

However, no assistance till date has been rendered.

Learned advocate appearing on behalf of the private respondents submits that an Appeal has been preferred before the ADM,LR, Barasat which is in respect of wrong recording of rights.

State has submitted a report which reflects that a civil suit being TS 551 of 2024 has been initiated against the petitioners by the respondent no.11.

Be that as it may, since the civil court is in seisin of the issues and, additionally, an Appeal is pending before the ADMLR, Barasat, I am of the opinion that, it would not be fit and proper to direct the police authorities to render assistance to a particular party concerned.

The police authorities would only oversee that there is peace and tranquility maintained and the situation is not blown out of the proportion since the fact reflects that both the petitioners and the private respondents' are contesting with each other for the same plot of land.

With the aforesaid observations, WPA 21262 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copy of the report be handed over to both the parties.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)