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Calcutta High CourtWPA/26416/2022disposed

Dhanu Dalal v. State Of West Bengal And ORS.

2023-06-19Hon'Ble Justice Rajasekhar Mantha2 pages

19-06-2023 ct no. 13 sl. no. 252 pk WPA 26416 of 2022 Dhanu Dalal -Versus- The State of West Bengal & Ors.

Mr. Golam Mohammad ...for the petitioner Ms. Munmun Tiwari, Mr. Sanatan Panja ...for the State 1.

The petitioner complains that the private respondents are disturbing him from enjoying peaceful possession of his property.

2.

The private respondents claim a right of cultivation over the said land. The private respondents are admittedly dangerous and desperate.

3.

The petitioner claims that the private respondents are threatening and intimidating him and coercing him to part with the possession of the disputed land in their favour. 4.

This Court is of the view that prima facie it appears that the petitioner is entitled to land-inquestion. Margram Police Station has confirmed the same.

5.

Margram Police Station shall ensure that the petitioner's possession is not disturbed subject

to any order that may be passed by the Civil Court at the instance of the private respondents. 6.

The petitioner may also take out civil proceedings, as may be advised in accordance with law.

7.

Margram Police Station shall strictly comply with any order that may be passed by the Civil Court and shall ensure that there is no breach of peace in the area.

8.

Report of the Police is kept with the record. 9.

The writ petition is disposed of.

10.

There will be no order as to costs.

11.

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.)