Calcutta High Court (Appellete Side)
Wahida Bibi & Ors vs The State Of West Bengal & Ors on 20 January, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
20.01.2014.
Item No. 248. W.P. 27661(W) of 2013
Wahida Bibi & Ors.
Versus
The State of West Bengal & Ors.
Mr. Marttando Pratap Chakraborty,
Ms. Swarnali Biswas,
... for the petitioners.
Mr. Jayanta Banerjee,
Mr. Suman Sengupta,
... for the State.
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The instant writ petition has been filed by the petitioners claiming that
they are the lawful owners of the land in question and that their efforts to build a
boundary wall upon the land is being wrongfully obstructed by the local people.
A proceeding under Section 144 sub‐section (2) of the Code of Criminal
Procedure was initiated. Thereafter, a first information report was registered
being Jadavpur Police Station Case No. 464/13 dated 5th August, 2013 under
Sections 341/323/427/114 of the Indian Penal Code. Representation has also been
made to the concerned District Magistrate being the respondent no. 2 herein.
Prayer has been made for protection of life, livelihood and property of the petitioners and for restoration of possession in terms of Section 145 of the Code of Criminal Procedure.
Mr. Jayanta Banerjee, learned advocate, appearing on behalf of the State submits a report, wherein it is stated that there is no clear demarcation of the land and the land is contiguous to that of land vested to the State. Such report is kept with the record.
Mr. Marttando Pratap Chakraborty, learned advocate, appearing on behalf of the petitioners strongly disputes such fact.
In view of the aforesaid submissions, I am of the considered opinion that the issue as to whether the petitioners have trespassed and are constructing wall on the vested land or not and/or demarcation of their land requires to be looked into by the appropriate statutory authority in the first place.
The petitioners are at liberty to approach such authority in accordance with law.
However, in view of the nature of the dispute, which involves disputed issues of possession and/or demarcation of property, I am unwilling to enter into the same in exercise my extraordinary writ jurisdiction.
With the aforesaid observation, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied on priority basis.
ab (Joymalya Bagchi, J.)