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Calcutta High Court (Appellete Side)

Beni Madhab Mondal & Ors vs The State Of West Bengal & Ors on 8 December, 2010

Author: Jayanta Kumar Biswas

Bench: Jayanta Kumar Biswas

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas W.P.No.23997(W) of 2010 Beni Madhab Mondal & Ors.

-vs-

The State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna ..... for the petitioner Ms. S. Ghosh ....for the State Heard on : December 8, 2010 Judgment on : December 8, 2010 The Court : The petitioners claim that they have a right to harvest the crop standing on the lands, particulars whereof have been given in the petition.

Counsel submits that the petitioners' request for supply of police guards at their expense has not been considered by the police officers.

The petitioners need police guards so that they may harvest the crop. Whether the petitioners are entitled to harvest the crop is a question that has not been decided by any authority. Neither this Court nor the police are authorised to decide the question.

In view of rr.290 and 295 in Chapter 18 of the West Bengal Land and Land Reforms Manual, 1991, the Block Land and Land Reforms Officer concerned is authorised to decide the dispute and send the requisite information to the police authority.

Hence I am of the view that the petitioners ought to have approached the Block Land and Land Reforms Officer for settlement of the disputes over right to harvest the crop standing on the lands in question. I am unable to accept the allegation of inaction on the part of the police.

With these observations, the art.226 petition is disposed of. No costs. Certified xerox.

(Jayanta Kumar Biswas, J) sb