Calcutta High Court (Appellete Side)
Sri Pradip Bhowmick vs The State Of West Bengal & Ors on 23 June, 2022
Author: Shampa Sarkar
Bench: Shampa Sarkar
23.06.2022
Court No. 19
Item no.123
CP
W.P.A. No. 21458 of 2021
Sri Pradip Bhowmick
Vs.
The State of West Bengal & Ors.
Mr. Kishaloy Mondal
....for the petitioner.
Mr. Ranjit Kr. Jaiswal
Mr. Nandalal Pradhan
....for the respondent nos. 6 & 7.
Sk. Md. Galib Ms. S. Nag ....for the State.
The petitioner has alleged that the police authorities have failed and neglected to take steps against the respondent nos. 6 and 7, when the respondent nos. 6 and 7 allegedly tried to take possession of the land situated at L.R. Dag No. 675 under Mouza - Udayrajpur, pertaining to L.R. Khatian No. 62, Post Office - Radhaballavpur.
Mr. Jaiswal, learned advocate appearing on behalf of the respondent nos. 6 and 7, submits that L.R. Dag No. 675 is a debutter property and the said respondents are the shebaits. The record of rights have been produced before this court along with the tax receipts paid to the land revenue department.
The police authorities have filed a report upon making an enquiry. It appears that the property is a 2 religious endowment. It is recorded in the name of 'Shree Shree Kalimata Thakurani'. The petitioner was allowed to cultivate on the said land by the shebaits in lieu of a share of the harvested crop. The copy of the report is taken on record.
Disputes cropped up as the petitioner refused to hand over the agreed share of the crops to the shebaits. A hot altercation took place between the parties. The incident was registered as a General Diary. Report for prosecution being No. 820 of 2021 dated December 17, 2021 has been submitted under Section 107 of the Code of Criminal Procedure. Parties have been asked to maintain peace and tranquility.
The respondent no. 7 has approached the learned Sub-Divisional Executive Magistrate under Section 144 of the Code of Criminal Procedure for appropriate reliefs. The learned Magistrate directed the police to ensure peace and tranquility and submit a report.
The police authorities are keeping a vigil and a report has been submitted before the learned Magistrate.
Under such circumstances, as the dispute is over a share of crops and the alleged permission granted to the petitioner to cultivate on the land 3 which is a debutter property, neither this court nor the police authorities can intervene.
The police authority shall maintain law and order and ensure that no untoward incident takes place.
The writ petition is disposed of. There shall be no order as to costs. Parties are to act on the server copy of this order.
(Shampa Sarkar, J.)