Kanan Mukherjee And ORS v. The State Of West Bengal And ORS.

11.04.2023.

Court No.13 Item No. 9 ap W.P.A. No. 21963 of 2022 Smt. Kanan Mukherjee & Ors.

Versus

The State of West Bengal & Ors.

Mr. Srijib Chakraborty, Mr. Sougata Mitra, Mr. Rameshwar Sinha, Ms. Ankita Dey, Mr. Subhadip Maitra.

...For the petitioners.

Mr. Santanu Kumar Mitra, Ms. Anandamayi Ghosh.

...For the State.

Mr. Falguni Bandyopadhyay, Ms. Riya Ballav.

...For the respondent nos.8 to 12.

The Inspector-in-charge, Purulia (M) Police Station has submitted a further report annexing therewith a report of the Block Land & Land Reforms Officer (BL & LRO), Purulia-I dated 5th April, 2023. The same are taken on record.

It appears therefrom that according to BL & LRO, Purulia-I, the petitioners are the recorded Raiyats in respect of the plots of land mentioned thereat measuring about 0.44 acres.

Purulia (M) Police further submits that the petitioners are in possession of the property. In that view of the matter, this Court directs the Purulia (M) Police Station to post a police picket at the plot in question at the costs of the petitioner. The costs

shall be calculated and communicated to the petitioners forthwith.

Deployment shall occur after deposit of costs for a period of one week. The deployment, as directed hereinabove, would be to entitle the petitioner to construct the boundary wall.

Counsel for the private respondents only submits that their names are recorded the R.S. Records of Right. He also submits that recording in the names of the petitioners by the BL & LRO, Purulia-I is incorrect and contrary to law.

In this regard, the private respondents may take up appropriate civil and statutory proceedings. It is made absolutely clear that the petitioners' recording of the names in the BL & LRO, Purulia-I's register and the possession shall abide by any order that may be passed by civil or statutory forum. Purulia (M) Police Station shall also ensure that there is absolutely no breach of peace in the area. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will 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.)