Rasidul Alma And ANR. v. State Of West Bengal And ORS.

03.01.2023.

Court No.13 Item No. 60 ap W.P.A. No. 23826 of 2022 Rasidul Alam & Anr.

Versus

The State of West Bengal & Ors.

Md. Habibur Rahman.

...For the petitioners.

Mr. Subhabrata Datta, Mr. Debasish Sarkar.

...For the State.

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

The petitioners alleged that the private respondents are forcibly occupying their property. It is submitted that they have broken down the construction and have looted the goods and articles within their properties to the extent of Rs.5,00,000/-. The Officer-in-charge, Raiganj Police Station dated 14th November, 2022 has produced instructions addressed to the State Advocate. The same is taken on record.

It appears from the said report that the petitioners brought bamboo fencing and beams to forcibly occupy some portions of a common property. Three attempts were made by the petitioners between 2nd, 4th and 5th August, 2022 to set up a bamboo fence with people hired from a third place. On a protest being made by the local villagers, the petitioners fled away. The petitioners have been arrested once.

In those circumstances, this Court is unable to believe the story of the petitioners that the private respondents are trying to occupy their properties. In view of the above, the instant writ petition shall stand dismissed.

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.)