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Calcutta High CourtWPA/28636/2023disposed

Harekrishna Bikram And ORS. v. State Of West Bengal And ORS.

2024-03-07Hon'Ble Justice Jay Sengupta2 pages

07.03.2024 WPA 28636 of 2023 Harekrishna Bikram & ors.

-vsThe State of West Bengal & ors.

Mr. Rajib Ghosh ...for the petitioners Mr. Pantu Deb Roy Mr. Tarak Karan Mr. Manas Sadhu ...for the State Learned counsel appearing on behalf of the petitioners ssi Ct 14 submits as follows. The petitioners are the owners of the land in question. They cultivated the land. But, the police are not allowing them to take the crops because of an order dated 08.09.2023 passed by this Court in WPA 19521 of 2023.

Learned counsel appearing on behalf of the respondent nos. 4 to 8 submits that the order dated 08.09.2023 was passed in WPA 19521 of 2023 after hearing all the parties including the present petitioners. As it appeared from the documents annexed to the writ petition that the names of the petitioners were recorded as bargadars in respect of Khatian Nos. 1228 and 3152, this Court granted liberty to any of the parties who wanted to establish a right contrary to this to approach the appropriate forum.

It appears that after the order was passed, the present petitioners approached the concerned authorities for

correction of records.

Without correction of records and establishing a right contrary to the contention of the private respondent, if the petitioners had harvesting the land, it is for them to be responsible for the same.

In the event, such an application is made before the appropriate authority, the same shall be considered in accordance with law and as expeditiously as possible. No further order need be passed in this regard. The writ petition is disposed of directing the police to keep peace in the area and also by granting liberty to the petitioners to approach the Civil Court, if necessary. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)