Alauddin Mallick v. State Of West Bengal And ORS.

WPA 7889 of 2020 (VIA VIDEO CONFERENCE) 18.11.2020 KC Alauddin Mallick & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Pradyut Kumar Nandi Ms. Moumita Mukherjee.

... for the petitioner.

Mr. Raja Saha Ms. Tanushree Chanda.

... for the State.

Petitioner complains that, the respondent authorities lodged a water pump on a land belonging to the petitioner. The respondent authorities are not considering the representations made by the petitioner.

Learned advocate for the State submits that, the water pump is lodged upon a property belonging to a 'Wakf Estate'. Such land does not belong to the petitioner. In such circumstances, there being disputes between the petitioner and the State Authorities as to the ownership of an immovable property, it would be inappropriate for a Writ Court to intervene. Since, the State claims that the land belongs to 'Wakf Estate' directing the authorities to consider the representations made by the petitioner would

also be futile as such authorities will have no jurisdiction to decide on the title to the property involved. In such circumstances, no relief can be granted to the writ petitioner. This order will, however, not prevent the writ petitioner from availing of his remedies before an appropriate forum, in accordance with law.

WPA No. 7889 of 2020 is disposed of without any order as to costs.

(Debangsu Basak, J.)