Mir Abul Kalam Azad v. State Of West Bengal And ORS.

10.11.2022.

Court No.13 Item No. 19 pk W.P.A. No. 11451 of 2020 Mir Abul Kalam Azad

Versus

State of West Bengal and others Mr. Golam Mostafa, Mr. Samirul Sardar ...For the petitioner.

Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata.

...For the State.

The petitioner claims that his father had gifted, by a registered deed, certain land for setting up of a school, on the ground that if the school is not established within 10 years, the land will go back to him. It is submitted that the school was not established within the specified period and the local residents and donees have refused to hand over the land back to the petitioner, who is the legal heir. This Court is of the view that the dispute as regards the land is purely civil in nature and the police have absolutely no role to play in such matter. The petitioner may take out appropriate civil proceedings in that regard.

The O. C., Hariharpara Police Station shall ensure that there is no breach of peace in the area. With the aforesaid observations, the writ petition is disposed of.

There will be no order as to costs.

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

(Rajasekhar Mantha, J.)