Sarbanu Bibi @ Sarbanu Deoyan v. State Of West Bengal And ORS.

17 22.01.2024 NB Ct. 14 WPA 28986 of 2022 Sarbanu Bibi @ Sarbanu Deoyan Vs.

The State of West Bengal & Ors.

Mr. Tarique Quasimuddin, Ms. Sanchita Chaudhuri.

...for the petitioner.

Mr. Rajarshi Basu, Mr. Subhendu Sengupta.

...for the State.

Mr. Syed Nasim Aejaz, Md. Ejaz Akhtar.

...for the respondent nos.4,&5.

Affidavit of service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was granted a property in terms of Section 49 of the WBLR Act. Her son entered into an agreement with the private respondents to sell the said property and took Rs.4,40,000/- (Rupees Four Lakh Forty Thousand) only. However, this land cannot be conveyed to any third party in view of statutory restrictions. The petitioner is willing to pay back the money, but the private respondents would not listen. Not only did they lodge complaints before the police, they also started disturbing, harassing and intimidating the petitioner. Several complaints were lodged by the petitioner, but no action was taken.

Learned counsel appearing on behalf of the private respondents submits as follows. The allegations made in the writ petition are denied. The petitioner's son had taken money fraudulently in the name of conveyance of property, but did not do so.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. There is a civil dispute pending between the private parties. Earlier on complaints made by either of the sides, two FIRs were lodged. Charge sheets have already been submitted in this regard. It appears that there exists a land-related dispute between the private parties.

The police authorities have also acted on the complaints made by either of the sides by registering FIRs and thereafter, filing charge sheets.

Therefore, no further order need be passed in this regard.

However, the police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)