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Calcutta High CourtWPA/24102/2022dismissed

Gopal Sardar And ORS v. State Of West Bengal And ORS.

2023-03-01Hon'Ble Justice Rajasekhar Mantha2 pages

01.03.2023.

Court No.13 Item No. 19 ap W.P.A. No. 24102 of 2022 Gopal Sardar & Ors.

Versus

The State of West Bengal & Ors.

Mr. Krishnendu Banerjee, Md. Idrish, Ms. Jahanara Begum, Mr. Ishan Ganguly.

...For the petitioners.

Mr. Sougata Mitra, Mr. Rameshwar Sinha, Ms. Subhasri Chatterjee, Mr. Subhadeep Maitra, Ms. Ankita Dey.

...For the respondent nos.5, 7 & 8.

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

The petitioners claim inaction on the part of Barabazar Police Station, Purulia in restoring possession of their lands. The petitioners have complained with the police that they have been wrongly dispossessed from their land.

Counsel for the private respondents submits that they are L.R. Parcha holders and are recorded owners in such possession.

This Court notes that the dispute is primarily civil in nature and the police have no role to play in such matter. The matter has been listed under the heading "Senior Citizen, where no right under Article 21 of the Constitution of India effected or stated to be effected.

In the above circumstances, the writ petition shall stand dismissed with costs assessed at Rs.5,100/- (Rupees five thousand one hundred only) payable to the Barabazar Police Station, Purulia by the petitioner within a period of ten days from date. In the event the costs are not paid within the time stipulated hereinabove by the petitioners, the Officer-in-charge, Pukhuria Police Station shall be entitled to recover the said sum from the petitioners as demand under the Bengal Public Demand Recovery Act, 1913.

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.)