Adhar Mandal And ANR. v. The State Of West Bengal And ORS.

S/L 6 22.07.2025 Court. No. 19 Suvayan WPA 30618 of 2024 With CAN 2 of 2025 Adhar Mandal & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Bhagabat Chaudhuri Ms. Mallika Manna Ms. Gopa Mainan ...for the petitioners.

Mr. Supratim Dhar, Sr. Adv.

Ms. Priyanka Jana ...for the State.

1. At the time of hearing learned Advocate for the writ petitioners has handed over a list of dates which is taken on record.

2. On perusal of such list of dates as well as the pleadings as made in the instant writ petition it reveals that it is the specific case of the writ petitioners that the writ petitioner no. 2 purchased 67 decimals of land from one Girindra Nath Das (since deceased) in respect of the portion of R.S. plot no. 6 (L.R. plot no. 8) in Mouza - Suliapara under P.S. - Itahar.

3. It further reveals that it is the further case of the writ petitioners that the writ petitioner no. 1 purchased 50 decimals of land from the said Raiyat Girindra Nath Das (since deceased) by a separate deed of conveyance dated 31.05.1994 in respect of a portion of the aforementioned plot of land.

4. By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs

against the respondents/authorities commanding them not to disturb the peaceful possession of the writ petitioners from their purchased land.

5. On being asked by this Court, learned Advocate for the writ petitioners have failed to show any pleading in the instant writ petition as to how a joinder of cause of action arose for filing the instant writ petition.

6. Rather it appears to this Court that there cannot be any joinder of cause of action inasmuch as the present two writ petitioners have obtained their respective right, title and interest over the aforementioned plot of land by the dint of two separate deed conveyances dated 06.04.1985 and 31.05.1994.

7. In view of such, this Court is constrained to hold that the instant writ petition is not at all maintainable.

8. With the aforementioned observation, WPA 30618 of 2024 is dismissed.

9. With the dismissal of the instant writ petition, the pending interlocutory application being CAN 2 of 2025 is also dismissed.

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

11. However, there will be no order as to costs.

12. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)