Abul Kashem Khan ANR. v. State Of West Bengal And ORS.

01.12.2025 rc/ct.no.05 Item No.35 WPA No. 27810 of 2023 Abul Kashem Khan & Anr.

Versus

The State of West Bengal & Ors.

Mr. Saheb Banerjee ..for the Petitioner Ms. Jhuma Chakraborty Mr. Suddhadev Adak ....for the State Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

None appears for the private respondent despite service.

The petitioner alleges that though they are owners of the land in question, the private respondents are disturbing their possession in respect of the same and obstructing them from cultivating the land.

It appears from the report submitted by the State that there is a long standing land dispute between the parties, the petitioners claiming to be the owners of the land and the private respondents claiming to have been cultivating the same since long.

Such factual aspects shall not be adjudicated by this Court in exercising jurisdiction under Article 226 of the Constitution of India. The petitioners are at liberty to approach the appropriate forum for redressal of their grievance.

In the meantime the police authority shall keep strict vigil in the area in order to avoid any untoward incident and to ensure maintenance of peace and tranquility.

The writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

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

(Suvra Ghosh,J)