Calcutta High Court (Appellete Side)
Parbati Das Kumbhakar And Ors vs The State Of West Bengal And Ors on 27 July, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
Sl 39
27-07-2018
ct no. 14
s.d. W. P. 6949(W) of 2018
Parbati Das Kumbhakar and ors.
-versus-
The State of West Bengal and ors.
Mr. Tushar Sinha Mahapatra
.....for the petitioners.
Ms. Jhuma Chakraborty
...for the State.
Mr. Md. Galib
Ms. Sujata Ghosh
Mr. Amitava Ghosh
..for the respondent nos.8 to 13.
Affidavit of service filed by the petitioners be kept with the record.
The writ petitioners claim to be owners of a land and on which they are unable to cultivate by reason of obstruction from the private respondents. The private respondents are stated to have obtaining repeated orders under 144 of the Cr.P.C whereunder the Sub-Divisional Executive Magistrate, Khatra seems to be regularly passing the order of 'status quo' ordering the 2 parties not to change the nature and character of the disputed land.
The learned advocate for the State submits instructions received from the Inspector-in-Charge, Barikul P. S. dated 14th June, 2018. It appears from such report that a civil suit filed by the private respondents against the petitioners before the Learned Civil Judge(Junior Division), 2nd Court, Khatra in which admittedly notwithstanding repeated interim orders have been obtained.
In that view of the matter, it is not understood as to why the Sub-Divisional Executive Magistrate, Khatra deems it fit to pass orders of status quo in respect of the land, and that too under Section 144(3) of Cr. P.C. Let the instructions dated 14.06.18 issued to learned Government Pleader by the Inspector-in-Charge, Barikul P. S. be kept with the record.
The writ petitioners claim to have made a representation to the Sub-Divisional Officer of the area dated 28th August, 2017.
The said S.D.O Khatra, Bankura is directed to consider such representation and dispose of the same in accordance with law. A copy of this writ application along with the annexures may be served on the District Judge and also the District Magistrate, Bankura for taking note of the repeated orders of status quo being 3 passed by the Sub-Divisional Executive Magistrate concerned under Section 144 of the Cr. P. C and to asses the propriety of the same. The learned counsel for the petitioners shall serve a copy of this order on the District Magistrate, Bankura as also the S. D. O, Khatra.
With the above directions, W. P. 6949(W) of 2018 is hereby disposed of.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajasekhar Mantha, J.)