Calcutta High CourtWPA/27231/2024disposed

Sajahan Sekh v. State Of West Bengal And ORS.

2024-12-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.12.2024 W.P.A. 27231 of 2024 Item No.264 Ct. No.35 dc.

Sajahan Sekh versus The State of West Bengal & Ors.

Mr. Golam Karim Chowdhury ... For the Petitioner. Mr. Vimal Kumar Shahi, AGP, Ms. Rupsha Chakraborty ... For the State.

Mr. Tapas Maity ... For the Respondent Nos. 13 to 16 and 18 to 21. The petitioner is aggrieved by the fact that there has been forgery of the documents relating to the title deed in respect of the property at the behest of the private respondents. In spite of informing the police authorities, the police authorities did not act upon the same and as such, the private respondents are enjoying the property. Learned advocate appearing for the private respondent nos. 13 to 16 and 18 to 21 denies and disputes the accusations made against the private respondents at the behest of the petitioner.

Report dated 21.11.2024 prepared by Officerin-Charge, Magrahat Police Station reflects that the petitioner approached the BL & LRO Magrahat-II vide Case No. MN/2024/1622/8890 of 11.06.2024. On 13.09.2024 the case was disposed of because the plot claimed by the petitioner do not match with the field verification and the documents produced did not match with the claim made by the petitioner. Subsequently the respondent no.12

approached the learned Civil Judge (Sr. Division), Diamond Harbour wherein an order of interim injunction/status quo was passed (in Title Suit No. 372/2024 dated 08.10.2024).

If the petitioner is aggrieved, the petitioner will approach the jurisdictional civil court in respect of his accusations regarding the veracity and authenticity of the title deed of the property. It would be the discretion of the civil court to make a declaration to that effect. Thereafter, if complaints are made before the police authorities, the police authorities will act in accordance with law.

With the aforesaid observations, the writ petition being WPA 27231 of 2024 is disposed of. There shall be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)