Sk. Kabir And ORS. v. The State Of West Bengal And ORS.

09.01.2025 Item No.8 PG/KS Ct. No.1 W.P.A. (P) 455 of 2024 Sk. Kabir & Ors.

Versus

The State of West Bengal & Ors.

Md. Salahuddin Md. Raziuddin ........For the Petitioners Sk. Md. Galib, Sr. Adv.

Mr. Siddique Mallik ..........For the State Md. Habibur Rahman .....For the Respondent Nos.8 to 17

1. By this public interest litigation, the petitioners allege that the private respondents are operating as land mafias by collecting land details from the office of the respondent no.6 viz. Block Land & Land Reforms Officer and creating false documents and selling the lands to various persons.

2. In this regard, a complaint was lodged before the jurisdictional police, which was investigated into, F.I.R. was registered and as on date, charge-sheet has already been filed before the Court of the Additional Chief Judicial Magistrate, Islampur Court, Uttar Dinajpur on 25th August, 2024.

3. Thus, it is seen that a criminal action has already been taken and the same should be taken to the logical end at the earliest.

4. That apart, if already a charge-sheet has been filed and the trial has to progressin the meantime, if any mutation takes place in respect of those properties, it will further complicate the matter. Therefore, we dispose of

this writ petition by directing the Block Land & Land Reforms Officer, Karandighi Block/respondent no.6 to ensure that no mutation is orderered in respect of the lands in question and the B.L. & L.R.O. shall also inform the concerned Sub-Registrar of Registration having jurisdiction over the lands in question not to entertain registration of any document in respect of the lands in question till the conclusion of the criminal trial.

5. Learned advocate appearing for the petitioners submitted that the complainant in the criminal case is the 1st writ petitioner. Apart from that, the 2nd writ petitioner has pointed out that there are several other transactions. If that be so, liberty is granted to the petitioners to submit a fresh representation before the Block Land & Land Reforms Office/6th respondent, who shall examine the same and proceed to take action in accordance with law.

6. With the above observations/directions, writ petition stands disposed of.

7. No costs.

8. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)