Gour Chandra Halder And ANR v. State Of West Bengal And ORS.

06.07.2022 Court No. 19 Item no.255 CP W.P.A. No. 11739 of 2020 Gour Chandra Halder & anr.

Vs.

The State of West Bengal & ors.

Mr. Mrinal Kanti Ghosh ...for the petitioners.

Mr. Suman Sengupta Mr. S. Panja ....for the State.

It appears that the Officer-in-charge, Mograhat Police Station has been wrongly implicated in this proceeding. The place of occurrence falls within the jurisdiction of the Usthi Police Station. The report filed by the Officer-in-charge, Mograhat Police Station indicates that on the complaint of the petitioner no. 1 a General Diary was entered by the Officer-in-charge, Usthi Police Station on December 15, 2020.

Proceedings are also pending before the Block Land & Land Reforms Officer with regard to the correction of record of rights.

The police report is taken on record.

The allegation of the petitioners is that without conversion of the 'Sali' land an unauthorized construction is being made by the respondent nos. 4 and 5. The averments in the complaint reflects that

there is a dispute between the parties. Such dispute has to be decided by the appropriate forum.

However, as there are allegations of threat, the Officer-in-charge, Usthi Police Station shall keep a strict vigil in order to ensure that peace and tranquility is maintained. Regular patrolling shall be held in order to ensure that the parties do not engage in any further altercation.

The right of the petitioner with regard to the land and the allegation of the petitioner of alleged illegal conversion of the land, shall be raised before the appropriate forum.

The writ petition is disposed of.

The petitioner is directed to communicate this order to the Officer-in-charge, Usthi Police Station. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)