Sahanara Bibi v. State Of West Bengal And ORS.

27.04.2023.

Court No.13 Item No. 24 ap W.P.A. No. 27230 of 2022 Sahanara Bibi

Versus

The State of West Bengal & Ors.

Md. Sarwar Jahan, Md. Ashraful Huq, Mr. Asif Mehdi.

..For the petitioner.

Mr. Amitesh Banerjee, Sr. Standing Counsel, Ms. Ipsita Banerjee.

...For the State.

Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta.

...For the respondent nos.10 & 11.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner claims that notwithstanding dismissal of a civil suit on contest filed by the private respondents and a charge-sheet filed with regard to forgery committed by the private respondents, they are obstructing erection of a boundary wall around the petitioner's premises.

3. The petitioner claims to have received the property from her husband, by transfer.

4. It appears from the records that there is some dispute with regard to who is in possession of the property and there is no positive finding in favour of the petitioner declaring any right in his favour.

5. In the above backdrop of the case, this Court finds that the police have no role of play in a purely civil

dispute. The petitioner may approach a Civil Court to enforce her right in respect of a property.

6. With the aforesaid directions, the instant writ petition shall stand disposed of.

7. There will be no order as to costs.

8. 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.)