Sukhendra Nath Banik And ANR v. The State Of West Bengal And ORS

Calcutta High Court 31.10.2022 In the Circuit Bench at Jalpaiguri Sl no.08 Appellate Side Ct no. 2 P.B WPA 2094 of 2022 Sukhendra Nath Banik & Anr.

-VSThe State of West Bengal & Ors.

Ms. S. Banik.

... for the petitioner(in person) Mr. Hirak Barman, Ms. Bedashruti Bose .... For the State The affidavit of service filed in Court today be kept with the record.

Heard learned advocate appearing for the petitioner-in-person and learned advocate appearing for the respondents.

Considering the facts and circumstances of this case, I am of the view that the dispute involved in this writ petition is highly disputed question of fact relating to ownership, possession and boundaries of the land in question and several litigations are pending before the different authorities and I have also considered the report filed by the Additional District Magistrate (Gen) Alipurduar,

which may be kept with the record and considering the aforesaid report and in view of the facts and circumstances of this case I am of the view that this writ court is not the appropriate forum of redressal of the grievance of the petitioner and accordingly this writ petition being WPA 2094 of 2022 is dismissed. However, dismissal of this writ petition will not prevent the petitioner from availing any remedy if available to them under any statute, in accordance with law.

(Md. Nizamuddin, J.)