Hemanta Das v. The State Of West Bengal And ORS.

Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Jurisdiction ------ 45 05.4.2024 WPA 259 OF 2024 Sc Ct. no.2 ------------ Hemanta Das Vs.

The State of West Bengal & Ors.

Mr. Nabankur Paul Mr. Abhishek Sarkar.

....For the Petitioner Mr. Hirak Barman Mr. Bikash Singha.

....For the Respondent State Two affidavits-of-service, filed in Court today, are taken on record.

This writ petition relates to a rivalry relating to the rival claims on title of a particular land. The petitioner has already instituted necessary title suit before the jurisdictional civil Court where the same is pending. The petitioner has also lodged a criminal complaint before the jurisdictional police authority.

The petitioner through this writ petition claims that, in an alleged land acquisition proceeding relates to the same land, the compensation shall not be disbursed until the title dispute is resolved.

Upon considering the submissions made on behalf of the parties and on perusal of the materials on record, this Court is of the considered and firm view that, this is purely a civil dispute relating to the title of a land. This constitutional Court in exercise of its jurisdiction under Article 226 of the Constitution of India shall not interfere in it. Accordingly, no interference is called for through this writ petition.

WPA 259 of 2024 stands dismissed, without any order as to costs.

However, this order shall not have any bearing in the adjudication of the pending title suit or on the adjudication of the criminal trial, if any, commences.

(Aniruddha Roy, J.)