Calcutta High Court (Appellete Side)
Md. Abdul Hai Laskar & Anr vs State Of West Bengal & Ors on 8 December, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
08.12.16
Sl. No.3
akd
W.P. 27889(W) of 2016
[Md. Abdul Hai Laskar & Anr. -Vs- State of West Bengal & Ors.]
Mr. Kushal Chatterjee,
Mr. Sudarsan Halder
... ... for the petitioners
Mr. Subhrangsu Panda
... ... for the respondent no.7
Mr. Ashim Kumar Ganguly, Mr. Avijit Sarkar ... ... for the State The petitioners claim to be the owners of about one cottah of land which they claim to have purchased from respondent no.9 herein. They submit that due to animosity with the local Panchayat authorities, they are not being permitted to cultivate their own land.
Report filed by the learned advocate for the State-respondents today in Court be kept with the record. It appears from the report that the petitioners are in possession of the said land and on their complaint a criminal case being Jibantala P.S. Case No. 748 of 2016 dated 3rd December, 2016 has already been registered.
Learned advocate appearing for the respondent no.7-Sarengabad Gram Panchayat submits that there is a village road over the plot of land and the petitioners are illegally obstructing the common user of the said road.
This, however, is disputed by the learned advocate appearing for the petitioners. 2 Having heard the learned advocate for the respective parties, I am of the opinion that the dispute over the right of possession and/or cultivation of the land may be agitated by the parties before the appropriate civil court of competent jurisdiction. Criminal case with regard to the alleged violent activities of the private respondent has already been registered and the police authorities are directed to continue investigation and take the matter to its logical conclusion. In the event the possession of the petitioners on the land in question is disturbed by the private respondent herein giving rise to an apprehension of breach of public peace and tranquility, it shall be open to the petitioners to initiate appropriate proceeding under Section 144 of the Code of Criminal Procedure before the learned Executive Magistrate and any lawful order passed by the said judicial authority shall be implemented by the police authorities in accordance with law.
With the aforesaid observation, the writ petition is disposed of. Since no affidavit-in-opposition has been called for, the allegations made in the writ application are deemed to have been not admitted by the respondents.
Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Joymalya Bagchi, J.)