Anjali Das And ORS v. State Of West Bengal And ORS.

Daily List 5 Bpg.

January 20, In the High Court at Calcutta Constitutional Writ Jurisdiction W.P.A. No. 10327 of 2020 Anjali Das and others

Versus

The State of West Bengal and others Mr. Mukteswar Maity, Ms. Manika Sarkar.

...for the petitioners.

Mr. Aneep Dasgupta.

...for the respondent nos.4 to 17.

Mr. Lalit Mohan Mahata, Mr. Kapil Guha.

...for the State.

As per previous direction of this Court, the respondent-authorities files an additional report, which discloses that the police authorities duly investigated on the complaint of the petitioners, which culminated in a charge-sheet being filed in connection the concerned FIR, bearing Nandigram Police Station Charge-sheet No.252 of 2020 dated September 30, 2020 under Sections 341/323/506/34 of the Indian Penal Code.

As such, the respondent-authorities have sufficiently satisfied the Court as regards the petitioners' complaints having been duly taken care of.

Adjudication on the alleged right of the petitioners, as opposed to the private respondents, to harvest paddy on the plot-in-question, however, comes within the domain of the civil court and cannot be decided by a Writ Court without taking evidence on the allegations and counter-allegations of the private parties.

As such, WPA 10327 of 2020 is disposed of by granting the petitioners liberty to approach the appropriate civil court for redressal of their grievances regarding their right, title and interest in respect of the plot-in-question and seeking ancillary reliefs. The petitioners are further at liberty to ventilate their grievances, if any, in connection with the charge-sheet before the competent magistrate.

There will be no order as to costs.

Urgent website certified copies of this order, if applied for, be given to the parties upon compliance of all formalities.

(Sabyasachi Bhattacharyya, J.)