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Calcutta High CourtWPA(P)/546/2022dismissed

Sudhir Majumder v. State Of West Bengal And ORS.

2022-11-15Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj3 pages

15.11.2022 WPA(P)/546/2022 SUDHIR MAJUMDER AND ORS.

VS STATE OF WEST BENGAL AND ORS.

gd/ssd Mr. Kumar Jyoti Tewari, Ms. Rajlakshmi Ghatak, Mr. Aniruddha Tewari ..for the Petitioners.

Mr. Lalitmohan Mahata, Mr. Supratim Dhar ..for the State.

The affidavit of service filed by the petitioners is taken on record.

The grievance raised in this petition is that the petitioners are the owner of the land in question but on the strength of false and fabricated deeds some third parties have got the land recorded in their names. The further plea of the petitioners is that they have been deprived their land on the basis of the frivolous application for mutation. The plea so raised in this public interest petition clearly reveals that the petitioners are raising the personal cause in this PIL. Though during the course of argument learned counsel for the petitioners have submitted that such activities are rampant in the State, but we do not find any detailed particulars in this regard. If the petitioners want to agitate the personal grievance that their lawful title has been infringed by the third parties, then they

have a remedy before the appropriate forum where by producing the relevant material they can establish their right. For such a plea the public interest petition cannot be maintained. Hence, the petition is dismissed, however, with liberty to the petitioners to avail such other remedies as are available in law.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)

qq