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Calcutta High Court (Appellete Side)

Sri Basudev Sardar vs 663 The State Of West Bengal & Ors on 28 August, 2017

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

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ct-   28.8.2017                   WP 21372(w) of 2017
28
                                        Sri Basudev Sardar
                                                  Vs.
663                                 The State of West Bengal & Ors.


                     Mr. Dulal Chandra Mondal
                                     ... For the Petitioner
ar
                     Mr. Ramdulal Manna
                     Mr. Dulal Chandra Mondal
                     Miss Monika Sinha
                     Mr. Sabyasachi Mondal
                                     ... For the Private Respondents

Ms. Sipra Mazumdar Ms. Prativa Shatak ... For the State Affidavit of service filed in Court be kept with the record.

It is submitted on behalf of the petitioner that he is the recorded bargadar in respect of the land in question.

It is further submitted on behalf of the petitioner that the private respondents have no right, title or interest over the land and had illegally trespassed into the land and assaulted the petitioner.

The petitioner has made several representations to the police authorities, but no steps have been taken.

Report is filed on behalf of the State respondents wherefrom it appears that there is a land dispute by and between the parties and on the complaint of the petitioner a prosecution report under Section 107 Cr.P.C has been instituted against the respondent no. 7 and a specific case being Kultali PS Case no. 611/17 dated 23.8.2017 under Sections 447/323/354/506/509/34 IPC has also been registered.

The said report is kept on record. Let copies of the said report be handed over to the learned lawyers for the respective parties in course of the day.

In view of the above facts it appears that it is a land dispute between the parties and it is open to the parties to approach the appropriate forum for adjudication of such dispute. Criminal case already registered shall continue in accordance with law. It is open to the petitioner to approach before the Criminal Court and ventilate his grievances agitated therein in accordance with law.

With the aforesaid observations, this writ petition is disposed of.

Since this writ petition is disposed of without calling for any affidavit, all allegations made therein are deemed to have been denied.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Joymalya Bagchi, J.) 4