Farhat Molla & ORS v. State Of West Bengal & ORS

03.09.2025 Sl. No.129 AMR Ct.No.23 WPA No. 23006 of 2009 with IA No.:CAN/1/2010 (Old CAN/10400/2010) CAN/2/2014 (Old CAN/1310/2014) Farhat Molla & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Jafirul Islam Md. Badrul Alam Mr. Saheel Raj Kamal ...for the petitioners 1.

The writ petitioners approached this Court by filing the present writ petition seeking a direction upon the respondents, particularly respondent nos. 1 to 6, to grant adequate police protection in respect of the barga cultivation over 2.07 acres of land, wherein they claim to be recorded bargadars since 1345 B.S. They further sought an order commanding respondent nos. 7 to 10 not to disturb and/or interfere with their possession and cultivation of the said land in any manner whatsoever.

2.

None appears on behalf of the respondents. No accommodation is sought for.

3.

The case is pending since the year 2009. Almost 16 years have already been elapsed.

4.

Heard learned Advocates for the petitioner and upon perusal of the records, it appears, at the initial

stage, this Court passed an interim order directing the police authorities to ensure that no breach of peace takes place over the land in question and that the petitioners are not dispossessed there from except in accordance with law.

5.

Learned counsel for the petitioners finally submits that the petitioners are still in possession of the land as bargadars and are continuing cultivation over the same.

6.

Considering the aforesaid facts and circumstances, coupled with the long pendency of this writ petition, this Court is of the view there is nothing remains to adjudicated further. However, if any fresh disturbance is caused by the private respondents, it shall be open to the petitioners to approach the appropriate authority in accordance with law. 7.

With the above observations, the instant writ petition being WPA 23006 of 2009 is disposed of. 8.

Interim order, if there be any, stands hereby vacated.

9.

There shall be no order as to costs.

10.

Parties to act upon the server copy and urgent photostat certified copy of this order be given on usual terms and conditions.

(Ajay Kumar Gupta, J.)