Tapan Ghosh And ORS. v. The State Of West Bengal And ORS.

D/L. 69.

September 26, 2024.

MNS.

WPA No. 22053 of 2024 Sri Tapan Ghosh and others Vs.

The State of West Bengal and others Mr. Shyamal Roy ... for the petitioners.

Mr. Asish Kumar Guha, Mr. Benazir Ahmed ...for the State.

Mr. Apurba Kumar Datta, Ms. Sreemoyee Mukherjee ...for the respondent nos. 5 to 16.

Affidavit-of-service filed in Court today is taken on record.

The petitioners claim to be the recorded absolute owners of Dag Nos. 536 to Dag No. 549, J. L. No. 72, Khatian No. 216 in Mouza - Kothai under Anandapur in the District of Paschim Medinipur, measuring about 2.30 acres of land. The petitioners allege that the private respondents have no manner of right, title and interest in respect of the aforesaid property, but are creating disturbances in the matter of cultivation which is being carried on by the petitioners on the aforesaid plots of land.

The learned Advocate appearing for the private respondents submits that the petitioners are not the absolute owners of the aforesaid land and the

petitioners are the co-sharers of the private respondents in respect of the aforesaid plots of land. Whether the petitioners are the absolute owners and/or co-sharers of the immovable property requires adjudication by a trial on evidence. The same cannot be decided by the writ court.

However, since the petitioners have lodged a complaint before the Officer-in-Charge, Anandapore Police Station by a letter dated August 8, 2024, the 4th respondent is directed to consider the said complaint and, if the same discloses a cognizable offence, shall take steps in accordance with law. If the said respondent decides against registration of FIR, the reasons thereof are to be communicated to the petitioners within a period of three weeks from the date of receipt of a server copy of this order. In case the petitioners face any obstruction with regard to the cultivation, it will be open to the petitioners to approach the proper forum for appropriate reliefs in accordance with law.

With the aforesaid observations and directions the writ petition stands disposed of.

There will be no order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties.

(Hiranmay Bhattacharyya, J.)