Subir Kumar Sinha v. State Of West Bengal And ORS.

15.01.2025.

Monthly List Item No. 39.

Court No. 35 ap W.P.A. No. 30325 of 2024 Subir Kumar Sinha

Versus

The State of West Bengal & Ors.

Mr. Jayanta Das, Ms. Soumita Ghosh.

...For the respondent nos.4 & 5.

Mr. K. J. Yusub, Mr. Parikshit Goswami.

...For the State.

1. Affidavit-of-service filed by the petitioners be kept with the record.

2.

Petitioner has approached this Court as according to the petitioner, he is being disturbed by the private respondent during cultivation.

3.

Learned Advocate for the State has submitted a report in relation to the ownership of the land in question by different persons after the said property was sold out.

4.

Learned Advocate for the private respondents are present before this Court and submits that the respondent no.5 claims to be the owner of the subject plot referred to in the instant writ petition. 5.

Be that as it may, in respect of the right, title, ownership and possession of the property in question, this Court will not interfere and/or decide any issue. 6.

It would be open for the petitioner to approach the jurisdictional Civil Court in respect of the right so claimed. If the petitioner has a right of cultivation, the

petitioner would advance a specific prayer before the appropriate authority, who is to decide the same in accordance with law.

7.

However, having considered the fact that the petitioner and the private respondents are in a strained relationship, the police authority would keep a strict vigil at the locale and ensure that no breach of the peace results because of the inimical relationship existing between them.

8.

Report filed by the State in Court today be kept with the record.

9.

With the aforesaid observations, W.P.A. No.

30325 of 2024 is disposed of.

10.

There will be no order as to costs.

11.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)