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Calcutta High CourtWPA/24556/2022dismissed

Bansgora Board Primary School And ANR. v. State Of West Bengal And ORS.

2023-04-18Hon'Ble Justice Rajasekhar Mantha2 pages

18-04-2023 ct no. 13 sl. 25 sp WPA 24556 of 2022 Bansgora Board Primary School & Anr.

-VersusThe State of West Bengal & Ors.

Mr. Kamalesh Bhattacharyya, Mr. Kallol Kr. Maity ...for the petitioners Mr. Supriya Chattapadhyay, Mr. Sudip Kumar Maiti ...for the respondent no.7 1.

The petitioners seek an order on the Khejuri Police Station and the Superintendent of Police, Purba Medinipur to evict the respondent no. 7 from the property, which does not belong to the petitioners or the school.

2.

Admittedly, the petitioner no. 1 is the school and the petitioner no. 2 is the Headmistress. The land in question belongs to the State.

3.

The private respondent claims that he is using the land for more than 100 years to hold a local village market.

4.

This Court is of the view that the prayers made in the petition cannot be entertained under Article 226 of the Constitution. The petitioners in essence want the police to evict persons on government land and the land be given to the school.

5.

The writ petition is thoroughly misconceived and is dismissed.

6.

There shall be no order as to costs.

7.

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

(Rajasekhar Mantha, J.)