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Calcutta High CourtWPA/10868/2020dismissed

Arindam Samanta And ANR v. State Of West Bengal And ORS.

2021-09-09Hon'Ble Justice Rajasekhar Mantha2 pages

09.09.2021 Ct. No.13 Sl. No.84 akd W.P.A. 10868 of 2020 [via video conference] [Arindam Samanta & Anr. -Vs- The State of West Bengal & Ors.] Mr. Bhaskar Chandra Manna ... ... for the petitioners Mr. Amit Chakraborty Ms. Soma Chakraborty ... for respondent nos.7 & 8 Mrs. Chama Mukherjee Mrs. Paramita Pal ... ... for the State The writ petitioners claim that the private respondent nos.7 & 8 have recently purchased a plot of land adjacent to their land. The petitioners submit that they were using the said land of the private respondents as a pathway for ingress and egress to the main road from their own premises. It is an admitted position that the land purchased by the private respondent nos.7 & 8 is private land and there is no public road or passage through such land. The writ petitioners, therefore, cannot claim any easementary rights against the private respondents.

In any event, a writ petition for enforcing purely private rights cannot be maintained.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)