Rahamtun Bibi v. The State Of West Bengal And ORS.

M/L 853 13.08.2025 Bpg.

ct.no.35 W.P.A.22077 of 2024 Rahamtun Bibi

Versus

The State of West Bengal & Ors.

Mr. Nirmalya Kumar Das Mr. Jahangir Hossain.

...for the petitioner.

Mr. Wasim Ahmed Mr. Md. Shehabuddin.

...for the State-respondents.

Petitioner is aggrieved that she is unable to cultivate the plot of land in spite of a decree having been passed by the civil court in connection with T.S. No.212 of 2013.

I find that on or about 25th February, 2020 such decree was passed in favour of the petitioner. Having regard to the position of law that an alternative remedy under Order XXI Rule 32 of the CPC is available, it would not be fit and proper to invoke the extraordinary powers under Article 226 of the Constitution of India.

Mr. Ahmed, learned advocate, appears on behalf of the State.

Police authorities would only restrict themselves for ensuring that there should not be any

violation of law and order as the petitioner and the private respondents are in a strained relationship. With the aforesaid observations, WPA 22077 of 2024 is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)