Nijam Uddin Laskar v. The State Of West Bengal And ORS.
D/L 15 07.02.2025 Kausik ct.no.35 W.P.A. 26220 of 2024 Nijam Uddin Laskar
Versus
The State of West Bengal & Ors.
Mr. Dinesh Pani ...for the petitioner.
Mr. Vimal Kumar Shahi, AGP Ms. Pratiti Das ...for the state.
Petitioner claims that in spite of informing the police station for taking appropriate steps particularly with regard to the forgery of the documents in respect of the land and the aggression shown by the private respondents including threats of murdering the petitioner, no steps have been taken by the concerned police station.
Petitioner submits that the private respondents are person of desperate character and they have tried to change the name in the record of rights by way of forgery and in spite of necessary steps being taken, petitioner is not getting the aid and assistance of the police authorities.
Report submitted by the State be kept with the record. Report reflects that a long standing land dispute is existing between the petitioner and the
private respondents. Police authorities have already drawn up proceedings under section 126 of BNSS and also sent electronic mail to the Office of the BL & LRO, Usthi, South 24 Parganas for providing necessary information.
Since alternative and efficacious remedy are available before the petitioner in respect of the jurisdictional courts for invoking the powers under the relevant provisions of the Code of Criminal Procedure and the Civil Procedure Code, I am of the view that this court while exercising its jurisdiction under Article 226 of the Constitution of India will not interfere with the statutory powers vested in the said courts.
With the aforesaid observations WPA 26220 of 2024 is disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)